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 for reporting a crime but exposing a friend's wrongdoing, could be seen as disloyal and wrong, thus lowering the claimant's reputation.

Citation
[2013] EWHC 3355 (QB)
Parties
Claimant: Richard Rufus; Defendant: Paul Elliott
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Libel Claim / Application for Determination of Whether Words Are Capable of Being Defamatory and for Strike Out
Outcome
Application dismissed; statement is capable of being defamatory.
Legal Topics
Libel, Defamatory Meaning, Right Thinking Members of Society, Informer Cases, Threshold of Seriousness
Defamation Media Law Libel Defamatory Meaning Right Thinking Members of Society Informer Cases Threshold of Seriousness

Case Brief

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Parties

Richard Rufus

Claimant

Paul Elliott

Defendant

Procedural Posture

Libel Claim / Application for Determination of Whether Words Are Capable of Being Defamatory and for Strike Out

Legal Issues

  1. 1 Whether the press release is capable of bearing a defamatory meaning about 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 for reporting a crime but exposing a friend's wrongdoing, could be seen as disloyal and wrong, thus lowering the claimant's reputation.

Court Disposition

Application dismissed; statement is capable of being defamatory.

Orders

  • The statement is capable of having the meaning attributed to it in the Particulars of Claim and is capable of being defamatory of the claimant.