Cook v Telegraph Media Group Ltd

Cook v Telegraph Media Group Ltd

Each of the three comments could have been made by an honest person and were germane to the subject matter. The claimant failed to establish that the defendant lacked belief in the comment, so the plea of malice failed and the defence of fair comment succeeded.

Parties
Claimant: Frank Cook; Defendant: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2011
Procedural Posture
Libel / Trial of Preliminary Issues
Outcome
Claim dismissed
Legal Topics
Libel, Fair Comment Defence, Malice, Parliamentary Expenses
Defamation Media Law Libel Fair Comment Defence Malice Parliamentary Expenses

Case Brief

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Parties

Frank Cook

Claimant

Telegraph Media Group Limited

Defendant

Procedural Posture

Libel / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the comments published by the defendant could have been made by an honest person on the basis of the admitted facts
  2. 2 Whether the defendant acted with malice so as to defeat the defence of fair comment

Ratio Decidendi

Each of the three comments could have been made by an honest person and were germane to the subject matter. The claimant failed to establish that the defendant lacked belief in the comment, so the plea of malice failed and the defence of fair comment succeeded.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • No need to consider other defences pleaded