McAlpine v Bercow

McAlpine v Bercow

The overriding objective of the Civil Procedure Rules requires that the actual meaning of the Tweet and whether it is defamatory be determined as a preliminary issue to promote efficient resolution of the case, focus the parties on damages, and potentially avoid unnecessary litigation if the words are not found defamatory.

Parties
Claimant: The Lord McAlpine of West Green; Defendant: Sally Bercow
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Libel / Application for Determination of Meaning as a Preliminary Issue
Outcome
Application granted
Legal Topics
Libel, Preliminary Issues, Damages, Meaning of Words, Defamation Procedure
Defamation Media Law Libel Preliminary Issues Damages Meaning of Words Defamation Procedure

Case Brief

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Parties

The Lord McAlpine of West Green

Claimant

Sally Bercow

Defendant

Procedural Posture

Libel / Application for Determination of Meaning as a Preliminary Issue

Legal Issues

  1. 1 Should the meaning of the words complained of in the Tweet be determined as a preliminary issue?
  2. 2 Is the Tweet defamatory of the Claimant?

Ratio Decidendi

The overriding objective of the Civil Procedure Rules requires that the actual meaning of the Tweet and whether it is defamatory be determined as a preliminary issue to promote efficient resolution of the case, focus the parties on damages, and potentially avoid unnecessary litigation if the words are not found defamatory.

Court Disposition

Application granted

Orders

  • There shall 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.