RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor

RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor

The natural and ordinary meaning of the words complained of is that it is strongly to be suspected that the Claimant company is being controlled and used by Gerard Walsh as a conduit for the fraudulent misappropriation of funds contributed by its members for his own personal benefit. This meaning is defamatory of the Claimant and meets the threshold of seriousness.

Parties
Claimant: RBOS Shareholders Action Group Ltd; Defendant: News Group Newspapers Ltd; Defendant: Christopher Musson
Jurisdiction
England and Wales
Judgment Date
04 February 2014
Procedural Posture
Libel / Preliminary Issue Determination of Meaning
Outcome
Determination of meaning in favour of Claimant's application; meaning found as stated.
Legal Topics
Meaning in Defamation, Threshold of Seriousness, Corporate Reputation, Abuse of Process, Preliminary Issue, Jury Trial Rights
Defamation Media Law Meaning in Defamation Threshold of Seriousness Corporate Reputation Abuse of Process Preliminary Issue Jury Trial Rights

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Parties

RBOS Shareholders Action Group Ltd

Claimant

News Group Newspapers Ltd

Defendant

Christopher Musson

Defendant

Procedural Posture

Libel / Preliminary Issue Determination of Meaning

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Is the meaning defamatory of the Claimant?
  3. 3 Does the meaning meet the threshold of seriousness for actionable defamation?

Ratio Decidendi

The natural and ordinary meaning of the words complained of is that it is strongly to be suspected that the Claimant company is being controlled and used by Gerard Walsh as a conduit for the fraudulent misappropriation of funds contributed by its members for his own personal benefit. This meaning is defamatory of the Claimant and meets the threshold of seriousness.

Court Disposition

Determination of meaning in favour of Claimant's application; meaning found as stated.

Orders

  • Court finds the natural and ordinary meaning of the words complained of as stated in the judgment.
  • Application for preliminary issue determination of meaning granted.