Warren v The Random House Group Ltd (No. 1) [2007] EWHC 2856 (QB) (05 December 2007)

Warren v The Random House Group Ltd (No. 1) [2007] EWHC 2856 (QB) (05 December 2007)

A defendant whose offer of amends has been accepted by the claimant is bound by the statutory scheme under the Defamation Act 1996 and cannot withdraw the offer to plead justification; the statutory provisions are compliant with ECHR rights and do not require 'reading down' to permit withdrawal.

Source-derived case information.

Citation
[2007] EWHC 2856
Parties
Claimant: Frank Warren; Defendant: The Random House Group Ltd
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Libel Action / Interlocutory Application for Permission to Amend Defence
Outcome
Application refused
Legal Topics
Offer of Amends, Justification Defence, Article 6 ECHR, Article 10 ECHR, Statutory Interpretation, Mitigation of Damages
Defamation Civil Procedure Human Rights Offer of Amends Justification Defence Article 6 ECHR Article 10 ECHR Statutory Interpretation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Frank Warren

Claimant

The Random House Group Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether a defendant whose offer of amends has been accepted can withdraw that offer and plead justification
  2. 2 Proper construction of sections 2-4 of the Defamation Act 1996
  3. 3 Compatibility of statutory scheme with ECHR rights

Ratio Decidendi

A defendant whose offer of amends has been accepted by the claimant is bound by the statutory scheme under the Defamation Act 1996 and cannot withdraw the offer to plead justification; the statutory provisions are compliant with ECHR rights and do not require 'reading down' to permit withdrawal.

Court Disposition

Application refused

Orders

  • Permission to amend defence to plead justification in respect of the Phillips allegation is denied