Galloway MP v Telegraph Group Ltd. [2004] EWHC 2786 (QB) (02 December 2004)

Galloway MP v Telegraph Group Ltd. [2004] EWHC 2786 (QB) (02 December 2004)

The articles, in their natural and ordinary meaning, imputed that Mr Galloway was in Saddam Hussein's pay, received at least £375,000 a year from Saddam Hussein's regime, made substantial secret profits, requested more money, and used the Mariam Appeal as a front for secret commercial dealings. The Reynolds qualified privilege defence did not apply because the journalism was not responsible: the defendant failed to take adequate steps to verify the allegations, did not give the claimant a fair opportunity to respond, and the tone and presentation were not neutral. The fair comment defence failed because the underlying facts were not truly stated and the repetition rule applied. The...

Citation
[2004] EWHC 2786
Parties
Claimant: George Galloway MP; Defendant: Telegraph Group Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2004
Procedural Posture
Defamation / Judgment After Trial by Judge Alone
Outcome
Judgment for the claimant
Legal Topics
Qualified Privilege, Reynolds Defence, Fair Comment, Meaning of Defamatory Words, Damages
Media Law Defamation Tort Qualified Privilege Reynolds Defence Fair Comment Meaning of Defamatory Words Damages

Case Brief

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Parties

George Galloway MP

Claimant

Telegraph Group Limited

Defendant

Procedural Posture

Defamation / Judgment After Trial by Judge Alone

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Does the Reynolds qualified privilege defence apply to the publications?
  3. 3 Is the defence of fair comment available to the defendant?

Ratio Decidendi

The articles, in their natural and ordinary meaning, imputed that Mr Galloway was in Saddam Hussein's pay, received at least £375,000 a year from Saddam Hussein's regime, made substantial secret profits, requested more money, and used the Mariam Appeal as a front for secret commercial dealings. The Reynolds qualified privilege defence did not apply because the journalism was not responsible: the defendant failed to take adequate steps to verify the allegations, did not give the claimant a fair opportunity to respond, and the tone and presentation were not neutral. The fair comment defence failed because the underlying facts were not truly stated and the repetition rule applied. The...

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay damages to the claimant
  • Defendant to publish a suitable correction and apology