Waterson v Lloyd & Anor

Waterson v Lloyd & Anor

The defence of honest opinion is available on the pleaded facts. The facts relied upon are narrow, true, and not defamatory. No breach of law, rules, or impropriety was alleged or required. The comment that the claims were a 'scandal' is one an honest person could make on those facts. The claimant has no realistic prospect of disproving the defendants' honest belief. Summary judgment is granted for the defendants.

Parties
Claimant: Nigel Waterson; Defendant: Stephen Lloyd MP; Defendant: Rebecca Carr
Jurisdiction
England and Wales
Judgment Date
26 July 2013
Procedural Posture
Civil Defamation (libel) / Summary Judgment Applications Following Court of Appeal Remittal
Outcome
Defendants' application for summary judgment granted; claimant's application dismissed.
Legal Topics
Honest Opinion Defence, Summary Judgment, Parliamentary Expenses, Political Speech, Objective and Subjective Tests for Honest Opinion
Defamation Media Law Civil Procedure Honest Opinion Defence Summary Judgment Parliamentary Expenses Political Speech Objective and Subjective Tests for Honest Opinion

Case Brief

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Parties

Nigel Waterson

Claimant

Stephen Lloyd MP

Defendant

Rebecca Carr

Defendant

Procedural Posture

Civil Defamation (libel) / Summary Judgment Applications Following Court of Appeal Remittal

Legal Issues

  1. 1 Whether the defence of honest opinion is available on the pleaded facts
  2. 2 Whether the facts relied upon are sufficient and not undermined by exculpatory material
  3. 3 Whether an honest person could hold the opinion expressed

Ratio Decidendi

The defence of honest opinion is available on the pleaded facts. The facts relied upon are narrow, true, and not defamatory. No breach of law, rules, or impropriety was alleged or required. The comment that the claims were a 'scandal' is one an honest person could make on those facts. The claimant has no realistic prospect of disproving the defendants' honest belief. Summary judgment is granted for the defendants.

Court Disposition

Defendants' application for summary judgment granted; claimant's application dismissed.

Orders

  • Summary judgment entered for the defendants on the basis of honest opinion.
  • Claimant's application for summary judgment dismissed.