McAlpine v Bercow [2013] EWHC 981 (QB) (25 April 2013)

McAlpine v Bercow [2013] EWHC 981 (QB) (25 April 2013)

The overriding objective is best served by determining the actual meaning of the words complained of as a preliminary issue, as this will clarify the issues, potentially promote settlement, and avoid unnecessary costs and evidence if the words are not found defamatory.

Citation
[2013] EWHC 981
Parties
Claimant: The Lord McAlpine of West Green; Defendant: Sally Bercow
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Libel Action / Application for Preliminary Issue on Meaning
Outcome
Application granted
Legal Topics
Libel, Meaning of Defamatory Words, Preliminary Issues, Damages, Twitter Publication
Defamation Media Law Libel Meaning of Defamatory Words Preliminary Issues Damages Twitter Publication

Case Brief

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Parties

The Lord McAlpine of West Green

Claimant

Sally Bercow

Defendant

Procedural Posture

Libel Action / Application for Preliminary Issue on Meaning

Legal Issues

  1. 1 Whether the meaning of the defendant's tweet should be determined as a preliminary issue
  2. 2 Whether the words complained of are defamatory of the claimant

Ratio Decidendi

The overriding objective is best served by determining the actual meaning of the words complained of as a preliminary issue, as this will clarify the issues, potentially promote settlement, and avoid unnecessary costs and evidence if the words are not found defamatory.

Court Disposition

Application granted

Orders

  • There will be a trial of a preliminary issue on the actual meaning of the Tweet and whether those words were defamatory.
  • Parties to agree directions for the preliminary hearing and any further hearing on damages if required.