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

Both articles bore Chase level 2 meanings: the thrust was that there were reasonable grounds to suspect the Claimant of rape, not that he was guilty nor merely that there were grounds to investigate.

Citation: [2019] EWHC 3563 (QB)
Parties: Claimant: Charles Elphicke MP; Defendant: Times Newspapers Ltd
Jurisdiction: England and Wales
Judgment Date: 20 December 2019
Procedural Posture: Defamation and Misuse of Private Information / Determination of Preliminary Issue on Meaning
Outcome: Determination of preliminary issue: both articles mean there were reasonable grounds to suspect the Claimant of rape.
Legal Topics: Libel, Misuse of Private Information, Natural and Ordinary Meaning, Repetition Rule, Police Investigation Reporting

Defamation Media Law Privacy Libel Misuse of Private Information Natural and Ordinary Meaning Repetition Rule Police Investigation Reporting

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2

Parties

Charles Elphicke MP

Claimant

Times Newspapers Ltd

Defendant

Procedural Posture

Defamation 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 against the Claimant?

Ratio Decidendi

Both articles bore Chase level 2 meanings: the thrust was that there were reasonable grounds to suspect the Claimant of rape, not that he was guilty nor merely that there were grounds to investigate.

Court Disposition

Determination of preliminary issue: both articles mean there were reasonable grounds to suspect the Claimant of rape.

Orders

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