Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

The Second Article conveyed a meaning just short of an outright allegation of fraud, namely that there was very good reason to believe the claimant had participated in an attempt to defraud club members of millions by allowing the club to issue false documentation and asking that it not be corrected. The public interest defence failed as the defendant did not have a reasonable belief that publication was in the public interest, given the lack of investigation and failure to contact the claimant for comment. The Third Article did not cause or was not likely to cause serious harm to the claimant's reputation, and the claim in respect of it was an abuse of process (Jameel).

Citation
[2018] EWHC 2935
Parties
Claimant: Stephen Doyle; Defendant: Patrick Smith
Jurisdiction
England and Wales
Judgment Date
02 November 2018
Procedural Posture
Defamation Claim (libel) / High Court Trial Judgment
Outcome
Claim in respect of the Second Article succeeds; claim in respect of the Third Article fails as an abuse of process.
Legal Topics
Libel, Public Interest Defence, Serious Harm Requirement, Abuse of Process (jameel)
Defamation Media Law Libel Public Interest Defence Serious Harm Requirement Abuse of Process (jameel)

Case Brief

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Parties

Stephen Doyle

Claimant

Patrick Smith

Defendant

Procedural Posture

Defamation Claim (libel) / High Court Trial Judgment

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Second Article?
  2. 2 Does the Second Article attract the public interest defence under s.4 Defamation Act 2013?
  3. 3 Did the Third Article cause or was it likely to cause serious harm to reputation under s.1 Defamation Act 2013?

Ratio Decidendi

The Second Article conveyed a meaning just short of an outright allegation of fraud, namely that there was very good reason to believe the claimant had participated in an attempt to defraud club members of millions by allowing the club to issue false documentation and asking that it not be corrected. The public interest defence failed as the defendant did not have a reasonable belief that publication was in the public interest, given the lack of investigation and failure to contact the claimant for comment. The Third Article did not cause or was not likely to cause serious harm to the claimant's reputation, and the claim in respect of it was an abuse of process (Jameel).

Court Disposition

Claim in respect of the Second Article succeeds; claim in respect of the Third Article fails as an abuse of process.

Orders

  • Defendant to pay damages to claimant for the Second Article.
  • Claim in respect of the Third Article dismissed.