Berkoff v Burchill & Anor [1996] EWCA Civ 564 (31st July, 1996)

Berkoff v Burchill & Anor [1996] EWCA Civ 564 (31st July, 1996)

Words describing a person as 'hideously ugly' in the context of published articles about an actor are capable of being defamatory because they may lower his standing in the estimation of the public and expose him to ridicule; whether they are actually defamatory is a question for the jury.

Citation
[1996] EWCA Civ 564
Parties
Plaintiff: Steven Berkoff; First Defendant: Julie Burchill; Second Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Preliminary Issue
Outcome
Appeal dismissed by majority; leave to appeal refused.
Legal Topics
Defamatory Meaning, Ridicule, Reputation, Libel, Shun or Avoid
Defamation Tort Defamatory Meaning Ridicule Reputation Libel Shun or Avoid

Case Brief

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Parties

Steven Berkoff

Plaintiff

Julie Burchill

First Defendant

Times Newspapers Limited

Second Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether describing a person as 'hideously ugly' is capable of being defamatory
  2. 2 Nature and scope of defamation actions
  3. 3 Whether ridicule or shunning constitutes actionable defamation

Ratio Decidendi

Words describing a person as 'hideously ugly' in the context of published articles about an actor are capable of being defamatory because they may lower his standing in the estimation of the public and expose him to ridicule; whether they are actually defamatory is a question for the jury.

Court Disposition

Appeal dismissed by majority; leave to appeal refused.

Orders

  • Costs awarded against defendants