Elphicke v Times Newspapers Ltd

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

  1. 1 What is the natural and ordinary meaning of the words complained of in the articles?
  2. 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.