Elphicke v Times Newspapers Ltd
Both articles bore a Chase level 2 meaning: there were reasonable grounds to suspect the claimant of rape, not that he was guilty of rape.
- Parties
- Claimant: Charles Elphicke MP; Defendant: Times Newspapers Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 20 December 2019
- Procedural Posture
- Civil / Preliminary Issue Determination
- Outcome
- Determination of preliminary issue: the articles mean there were reasonable grounds to suspect the claimant of rape.
- Legal Topics
- Libel, Misuse of Private Information, Natural and Ordinary Meaning, Chase Levels
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Elphicke MP
Claimant
Times Newspapers Ltd
Defendant
Procedural Posture
Civil / Preliminary Issue Determination
Legal Issues
- 1 What is the natural and ordinary meaning of the words complained of in the articles?
- 2 Do the articles allege guilt or reasonable grounds to suspect the Claimant of rape?
Ratio Decidendi
Both articles bore a Chase level 2 meaning: there were reasonable grounds to suspect the claimant of rape, not that he was guilty of rape.
Court Disposition
Determination of preliminary issue: the articles mean there were reasonable grounds to suspect the claimant of rape.
Orders
- The meaning of the words complained of in the article of 22nd April 2018 is that there were reasonable grounds to suspect the claimant was guilty of rape.
- The meaning of the words complained of in the article of 29th April 2018 is that there were reasonable grounds to suspect the claimant was guilty of rape.
Full Case Text
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