Waterson v Lloyd & Anor

Waterson v Lloyd & Anor

The publications complained of would reasonably be understood as meaning that the claimant was guilty of abuse of Parliamentary rules for his own financial advantage, as set out in the meanings attributed by the claimant. These meanings are plainly defamatory and are statements of fact, not comment or opinion. The defence of honest comment is not available as the statements are not recognisable as comment but as fact.

Parties
Claimant: Nigel Waterson; Defendant: Stephen Lloyd MP; Defendant: Rebecca Carr
Jurisdiction
England and Wales
Judgment Date
08 December 2011
Procedural Posture
Libel Action / Summary Judgment on Liability
Outcome
Judgment for the claimant on liability
Legal Topics
Libel, Defamation, Fair Comment Defence, Election Publications, Parliamentary Expenses
Defamation Media Law Libel Fair Comment Defence Election Publications Parliamentary Expenses

Case Brief

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Parties

Nigel Waterson

Claimant

Stephen Lloyd MP

Defendant

Rebecca Carr

Defendant

Procedural Posture

Libel Action / Summary Judgment on Liability

Legal Issues

  1. 1 What is the meaning of the two publications complained of?
  2. 2 Are the publications statements of fact or comment/opinion?
  3. 3 Are the statements defamatory of the claimant?

Ratio Decidendi

The publications complained of would reasonably be understood as meaning that the claimant was guilty of abuse of Parliamentary rules for his own financial advantage, as set out in the meanings attributed by the claimant. These meanings are plainly defamatory and are statements of fact, not comment or opinion. The defence of honest comment is not available as the statements are not recognisable as comment but as fact.

Court Disposition

Judgment for the claimant on liability

Orders

  • Summary judgment entered for Mr Waterson on liability
  • Relief (damages or other) to be determined separately if not agreed