Ecclestone v Telegraph Media Group Ltd [2009] EWHC 2779 (QB) (06 November 2009)

Ecclestone v Telegraph Media Group Ltd [2009] EWHC 2779 (QB) (06 November 2009)

The words complained of, in their context, are not capable of lowering the Claimant in the estimation of right-thinking members of society generally and are therefore not capable of being defamatory. The threshold for exclusion is high, but is met here as the words amount to no more than the expression of a permissible view on a matter of opinion.

Citation
[2009] EWHC 2779
Parties
Claimant: Petra Ecclestone; Defendant: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Libel Action / Application for Ruling on Whether Words Are Capable of Being Defamatory (cpr Part 53 Practice Direction 4.1(2))
Outcome
Action struck out
Legal Topics
Libel, Meaning of Defamatory Words, Threshold for Defamatory Meaning, Freedom of Expression
Defamation Media Law Libel Meaning of Defamatory Words Threshold for Defamatory Meaning Freedom of Expression

Case Brief

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Parties

Petra Ecclestone

Claimant

Telegraph Media Group Limited

Defendant

Procedural Posture

Libel Action / Application for Ruling on Whether Words Are Capable of Being Defamatory (cpr Part 53 Practice Direction 4.1(2))

Legal Issues

  1. 1 Whether the words complained of are capable of being defamatory of the Claimant

Ratio Decidendi

The words complained of, in their context, are not capable of lowering the Claimant in the estimation of right-thinking members of society generally and are therefore not capable of being defamatory. The threshold for exclusion is high, but is met here as the words amount to no more than the expression of a permissible view on a matter of opinion.

Court Disposition

Action struck out

Orders

  • The action is struck out as the words are not capable of bearing any defamatory meaning of the Claimant.