Thornton v Telegraph Media Group Ltd [2010] EWCA Civ 510 (29 March 2010)

Thornton v Telegraph Media Group Ltd [2010] EWCA Civ 510 (29 March 2010)

The application for permission to appeal is adjourned because the predicate issue—whether the words are defamatory or capable of being defamatory—has not yet been determined and is necessary before the appeal on fair comment can proceed.

Citation
[2010] EWCA Civ 510
Parties
Appellant: Thornton; Respondent: Telegraph Media Group Ltd
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Libel Action (defamation) / Renewed Application for Permission to Appeal
Outcome
Application adjourned
Legal Topics
Libel, Fair Comment Defence, Defamatory Meaning, Preliminary Issues
Defamation Media Law Libel Fair Comment Defence Defamatory Meaning Preliminary Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Thornton

Appellant

Telegraph Media Group Ltd

Respondent

Procedural Posture

Libel Action (defamation) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the words complained of are defamatory or capable of being defamatory
  2. 2 Whether the words include a statement of fact as opposed to comment for the purposes of the fair comment defence
  3. 3 Whether misstatement of facts is fatal to the fair comment defence

Ratio Decidendi

The application for permission to appeal is adjourned because the predicate issue—whether the words are defamatory or capable of being defamatory—has not yet been determined and is necessary before the appeal on fair comment can proceed.

Court Disposition

Application adjourned

Orders

  • Application for permission to appeal adjourned pending determination of whether the words are defamatory or capable of being defamatory.