Curistan v Times Newspapers Ltd [2007] EWHC 926 (QB) (25 April 2007)

Curistan v Times Newspapers Ltd [2007] EWHC 926 (QB) (25 April 2007)

The article, read as a whole, conveyed to the ordinary reasonable reader that the claimant was guilty of IRA money-laundering and financial malpractice, not merely that there were reasonable grounds to suspect him. The privileged passages in the article are protected as a fair and accurate report of parliamentary proceedings because they are severable, clearly identified, and connected to the non-privileged material, and the article does not lose privilege by including its own investigation.

Citation
[2007] EWHC 926
Parties
Claimant: Peter Curistan; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2007
Procedural Posture
Libel Action / Preliminary Issues Judgment
Outcome
Preliminary issues determined: (1) Article conveys meaning of actual guilt; (2) Identified passages are protected by qualified privilege.
Legal Topics
Libel, Qualified Privilege, Meaning of Defamatory Words, Parliamentary Proceedings Reporting
Defamation Media Law Libel Qualified Privilege Meaning of Defamatory Words Parliamentary Proceedings Reporting

Case Brief

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Parties

Peter Curistan

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Libel Action / Preliminary Issues Judgment

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the article?
  2. 2 Are certain passages in the article protected by statutory qualified privilege as a fair and accurate report of proceedings in Parliament?

Ratio Decidendi

The article, read as a whole, conveyed to the ordinary reasonable reader that the claimant was guilty of IRA money-laundering and financial malpractice, not merely that there were reasonable grounds to suspect him. The privileged passages in the article are protected as a fair and accurate report of parliamentary proceedings because they are severable, clearly identified, and connected to the non-privileged material, and the article does not lose privilege by including its own investigation.

Court Disposition

Preliminary issues determined: (1) Article conveys meaning of actual guilt; (2) Identified passages are protected by qualified privilege.

Orders

  • First preliminary issue answered: Article means claimant is guilty of IRA money-laundering and financial malpractice.
  • Second preliminary issue answered: Specified passages are protected by qualified privilege as fair and accurate report of parliamentary proceedings.