Morgan v Mclaughlin [2001] EWCA Civ 1636 (22 October 2001)

Morgan v Mclaughlin [2001] EWCA Civ 1636 (22 October 2001)

The application for permission to appeal was refused because the fresh evidence did not meet the criteria for admission, would not have influenced the outcome, and there was no real prospect of success on appeal against the trial judge's findings of fact or assessment of damages.

Citation
[2001] EWCA Civ 1636
Parties
Claimant: John Morgan; Defendant: Sonia McLaughlin
Jurisdiction
England and Wales
Judgment Date
22 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Libel, Malice, Aggravated Damages, Fresh Evidence on Appeal
Defamation Tort Libel Malice Aggravated Damages Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

John Morgan

Claimant

Sonia McLaughlin

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the defendant liable for malicious falsehood and awarding damages
  2. 2 Whether fresh evidence justified permission to appeal

Ratio Decidendi

The application for permission to appeal was refused because the fresh evidence did not meet the criteria for admission, would not have influenced the outcome, and there was no real prospect of success on appeal against the trial judge's findings of fact or assessment of damages.

Court Disposition

Permission to appeal refused