Rufus v Elliott

Rufus v Elliott

The press release is capable of bearing a defamatory meaning because it implies the Claimant acted disloyally by making public a private text message, and right-thinking members of society might consider such conduct as lowering the Claimant's reputation, especially as the disclosure was not to relevant authorities but to the public.

Parties
Claimant: Richard Rufus; Defendant: Paul Elliott
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Libel Claim / Application for Determination of Defamatory Meaning and Strike Out
Outcome
Application dismissed; statement is capable of being defamatory
Legal Topics
Libel, Defamatory Meaning, Innuendo, Right Thinking Members of Society, Informer Cases
Defamation Libel Defamatory Meaning Innuendo Right Thinking Members of Society Informer Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Richard Rufus

Claimant

Paul Elliott

Defendant

Procedural Posture

Libel Claim / Application for Determination of 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 it implies the Claimant acted disloyally by making public a private text message, and right-thinking members of society might consider such conduct as lowering the Claimant's reputation, especially as the disclosure was not to relevant authorities but to the public.

Court Disposition

Application dismissed; statement is capable of being defamatory

Orders

  • The claim is not struck out; the statement is capable of bearing a defamatory meaning attributed to it in the Particulars of Claim