Rufus v Elliott [2013] EWHC 3355 (QB) (01 November 2013)

Rufus v Elliott [2013] EWHC 3355 (QB) (01 November 2013)

The press release is capable of bearing a defamatory meaning because right-thinking members of society might consider that making public a private communication, not to relevant authorities but to the public, was disloyal and wrong, thus lowering the Claimant's reputation.

Citation
[2013] EWHC 3355
Parties
Claimant: Richard Rufus; Defendant: Paul Elliott
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Libel Claim / Application to Determine Whether Words Are Capable of Bearing a Defamatory Meaning and Strike Out
Outcome
Application dismissed; statement is capable of bearing a defamatory meaning.
Legal Topics
Libel, Defamatory Meaning, Threshold of Seriousness, Right Thinking Members of Society, Innuendo Meanings
Defamation Media Law Libel Defamatory Meaning Threshold of Seriousness Right Thinking Members of Society Innuendo Meanings

Case Brief

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Parties

Richard Rufus

Claimant

Paul Elliott

Defendant

Procedural Posture

Libel Claim / Application to Determine Whether Words Are Capable of Bearing a Defamatory Meaning and Strike Out

Legal Issues

  1. 1 Whether the press release is capable of bearing a defamatory meaning against the Claimant
  2. 2 Whether right-thinking members of society would consider the alleged conduct as lowering the Claimant's reputation

Ratio Decidendi

The press release is capable of bearing a defamatory meaning because right-thinking members of society might consider that making public a private communication, not to relevant authorities but to the public, was disloyal and wrong, thus lowering the Claimant's reputation.

Court Disposition

Application dismissed; statement is capable of bearing a defamatory meaning.

Orders

  • The claim is not struck out and may proceed to trial.