Elphicke v Times Newspapers Ltd [2019] EWHC 3563 (QB) (20 December 2019)

The natural and ordinary meaning of the words complained of in both articles is that there were reasonable grounds to suspect the Claimant was guilty of rape, not that he was guilty of rape.

Citation: [2019] EWHC 3563
Parties: Claimant: Charles Elphicke MP; Defendant: Times Newspapers Ltd
Jurisdiction: England and Wales
Judgment Date: 20 December 2019
Procedural Posture: Libel and Misuse of Private Information / Determination of Preliminary Issue on Meaning
Outcome: Determination of preliminary issue: both articles bear Chase level 2 meaning (reasonable grounds to suspect Claimant of rape).
Legal Topics: Libel, Misuse of Private Information, Natural and Ordinary Meaning, Chase Levels

Defamation Media Law Privacy Libel Misuse of Private Information Natural and Ordinary Meaning Chase Levels

Case Brief

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Parties

Charles Elphicke MP

Claimant

Times Newspapers Ltd

Defendant

Procedural Posture

Libel and Misuse of Private Information / Determination of Preliminary Issue on Meaning

Legal Issues

1 What is the natural and ordinary meaning of the words complained of in the articles?
2 Do the articles allege guilt, reasonable grounds to suspect, or grounds to investigate rape by the Claimant?

Ratio Decidendi

The natural and ordinary meaning of the words complained of in both articles is that there were reasonable grounds to suspect the Claimant was guilty of rape, not that he was guilty of rape.

Court Disposition

Determination of preliminary issue: both articles bear Chase level 2 meaning (reasonable grounds to suspect Claimant of rape).

Orders

Time for defence extended until 28 days after determination of preliminary issue.