Thornton v Telegraph Media Group Ltd
The passage complained of contains a clear and material misstatement by Ms Barber regarding Dr. Thornton's methodology, and there is no realistic prospect of the defence of fair comment succeeding where the factual basis is materially misstated. The defence of fair comment must therefore be struck out.
- Parties
- Claimant: Dr. Sarah Thornton; Defendant: Telegraph Media Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 November 2009
- Procedural Posture
- Libel Action / Application to Strike Out Defence of Fair Comment
- Outcome
- Defence of fair comment struck out
- Legal Topics
- Fair Comment, Libel, Malicious Falsehood, Book Review, Defamatory Meaning
Case Brief
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Parties
Dr. Sarah Thornton
Claimant
Telegraph Media Group Limited
Defendant
Procedural Posture
Libel Action / Application to Strike Out Defence of Fair Comment
Legal Issues
- 1 Whether the words complained of are statements of fact or comment
- 2 Whether material misstatement of facts is fatal to the defence of fair comment
Ratio Decidendi
The passage complained of contains a clear and material misstatement by Ms Barber regarding Dr. Thornton's methodology, and there is no realistic prospect of the defence of fair comment succeeding where the factual basis is materially misstated. The defence of fair comment must therefore be struck out.
Court Disposition
Defence of fair comment struck out
Orders
- Defence of fair comment is struck out
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