Waterson v Lloyd MP & Anor

Waterson v Lloyd MP & Anor

The majority held that the publications constituted comment based on identified facts, not defamatory statements of fact; the meaning was that Mr Waterson claimed substantial sums for a home distant from his constituency, which the writers considered a scandal. There was no imputation of unlawful conduct or breach of rules. The appeal was allowed.

Parties
Respondent: Nigel Waterson; Appellant: Stephen Lloyd MP; Appellant: Rebecca Carr
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Libel, Honest Comment, Fair Comment, Political Speech, Meaning of Publication

Case Brief

Summary, issues, holding and outcome

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Parties

Nigel Waterson

Respondent

Stephen Lloyd MP

Appellant

Rebecca Carr

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

  1. 1 Whether campaign publications about Nigel Waterson constituted defamatory statements of fact or comment
  2. 2 Whether the defence of honest comment applies to the publications
  3. 3 Determination of the natural and ordinary meaning and innuendo meaning of the words complained of

Ratio Decidendi

The majority held that the publications constituted comment based on identified facts, not defamatory statements of fact; the meaning was that Mr Waterson claimed substantial sums for a home distant from his constituency, which the writers considered a scandal. There was no imputation of unlawful conduct or breach of rules. The appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • First appeal allowed; summary judgment for Mr Waterson set aside