Curistan v Times Newspapers Ltd

Curistan v Times Newspapers Ltd

The article, read as a whole, conveys to the ordinary reasonable reader that the claimant through his companies was associated with IRA 'dirty money' and was thereby guilty of IRA money-laundering and financial malpractice; privileged passages identified are protected as fair and accurate reports of parliamentary proceedings.

Parties
Claimant: Peter Curistan; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2007
Procedural Posture
Libel / Preliminary Issues Judgment
Outcome
First preliminary issue: Article imputes actual guilt of IRA money-laundering and financial malpractice. Second preliminary issue: Identified passages are protected by qualified privilege as fair and accurate reports of parliamentary proceedings.
Legal Topics
Libel, Qualified Privilege, Repetition Rule, Fair and Accurate Report, Parliamentary Proceedings
Defamation Media Law Libel Qualified Privilege Repetition Rule Fair and Accurate Report Parliamentary Proceedings

Case Brief

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Parties

Peter Curistan

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Libel / Preliminary Issues Judgment

Legal Issues

  1. 1 What defamatory meaning do the words complained of bear?
  2. 2 Whether certain passages are protected by statutory qualified privilege as a fair and accurate report of proceedings in Parliament

Ratio Decidendi

The article, read as a whole, conveys to the ordinary reasonable reader that the claimant through his companies was associated with IRA 'dirty money' and was thereby guilty of IRA money-laundering and financial malpractice; privileged passages identified are protected as fair and accurate reports of parliamentary proceedings.

Court Disposition

First preliminary issue: Article imputes actual guilt of IRA money-laundering and financial malpractice. Second preliminary issue: Identified passages are protected by qualified privilege as fair and accurate reports of parliamentary proceedings.

Orders

  • Further questions to be addressed at a separate hearing after this judgment.