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 Tweet and whether it is defamatory as a preliminary issue, as this will clarify the issues, potentially promote settlement, and avoid unnecessary costs and evidence.

Citation
[2013] EWHC 981 (QB)
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, Social Media Publication, Preliminary Issues, Damages
Defamation Media Law Libel Social Media Publication Preliminary Issues Damages

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 words complained of in the Tweet are defamatory of the Claimant
  2. 2 Whether the meaning of the Tweet should be determined as a preliminary issue

Ratio Decidendi

The overriding objective is best served by determining the actual meaning of the Tweet and whether it is defamatory as a preliminary issue, as this will clarify the issues, potentially promote settlement, and avoid unnecessary costs and evidence.

Court Disposition

Application granted

Orders

  • Trial of a preliminary issue on the actual meaning of the Tweet and whether those words were defamatory.