Dee v Telegraph Media Group Ltd. [2010] EWHC 924 (QB) (28 April 2010)

Dee v Telegraph Media Group Ltd. [2010] EWHC 924 (QB) (28 April 2010)

The two articles are so closely connected that they must be read together for the purpose of determining meaning. The words complained of, when read in context, are arguably capable of being defamatory of the claimant on the grounds of want of skill, incompetence, or ridicule. However, the claimant must clarify his pleaded meaning to reflect these grounds. The defences of justification and fair comment are not bound to succeed on the current evidence and pleadings, and the issues are triable. Summary judgment is refused.

Citation
[2010] EWHC 924
Parties
Claimant: Robert Dee; Defendant: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2010
Procedural Posture
Libel/defamation / Summary Judgment Application Under CPR Part 24
Outcome
Summary judgment refused; claim to proceed to trial subject to clarification of pleaded meaning.
Legal Topics
Libel, Summary Judgment, Meaning of Publication, Justification Defence, Fair Comment Defence, Defamatory Meaning, Freedom of Expression
Media Law Defamation Libel Summary Judgment Meaning of Publication Justification Defence Fair Comment Defence Defamatory Meaning +1 more

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Parties

Robert Dee

Claimant

Telegraph Media Group Limited

Defendant

Procedural Posture

Libel/defamation / Summary Judgment Application Under CPR Part 24

Legal Issues

  1. 1 Whether the front page and S20 articles must be read together for meaning determination
  2. 2 Whether the articles are arguably defamatory of the claimant
  3. 3 Whether the defences of justification and/or fair comment are bound to succeed

Ratio Decidendi

The two articles are so closely connected that they must be read together for the purpose of determining meaning. The words complained of, when read in context, are arguably capable of being defamatory of the claimant on the grounds of want of skill, incompetence, or ridicule. However, the claimant must clarify his pleaded meaning to reflect these grounds. The defences of justification and fair comment are not bound to succeed on the current evidence and pleadings, and the issues are triable. Summary judgment is refused.

Court Disposition

Summary judgment refused; claim to proceed to trial subject to clarification of pleaded meaning.

Orders

  • Claimant to clarify pleaded meaning to reflect grounds of want of skill, incompetence, and/or ridicule.