Travel Insurance Facilities Plc (t/a Tifgroup) v Times Newspapers Plc [2019] EWHC 1337 (QB) (24 May 2019)

Travel Insurance Facilities Plc (t/a Tifgroup) v Times Newspapers Plc [2019] EWHC 1337 (QB) (24 May 2019)

The articles, read as a whole and in context, conveyed that there are strong grounds to suspect the Claimant of fraud, that this suspicion is based on a pattern of practice in delaying, avoiding, or minimising payments due under travel insurance policies, and that such practices have caused avoidable deaths. These...

Source-derived case information.

Citation
[2019] EWHC 1337 (QB)
Parties
Claimant: Travel Insurance Facilities PLC (trading as "Tifgroup"); Defendant: Times Newspapers PLC
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Defamation / Trial of Preliminary Issues on Meaning and Fact/opinion Distinction
Outcome
Judgment on preliminary issues; meanings determined as set out in the judgment; permission to amend granted; costs in the case.
Legal Topics
Meaning in Defamation, Fact Vs Opinion, Chase Levels, Media Investigations, Insurance Industry Practices
Defamation Media Law Meaning in Defamation Fact Vs Opinion Chase Levels Media Investigations Insurance Industry Practices

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Parties

Travel Insurance Facilities PLC (trading as "Tifgroup")

Claimant

Times Newspapers PLC

Defendant

Procedural Posture

Defamation / Trial of Preliminary Issues on Meaning and Fact/opinion Distinction

Legal Issues

  1. 1 What is the natural and ordinary meaning of the three articles published by the Defendant?
  2. 2 Are the defamatory imputations allegations of fact or opinion?

Ratio Decidendi

The articles, read as a whole and in context, conveyed that there are strong grounds to suspect the Claimant of fraud, that this suspicion is based on a pattern of practice in delaying, avoiding, or minimising payments due under travel insurance policies, and that such practices have caused avoidable deaths. These meanings are at Chase level 1½. The allegations are statements of fact, not opinion, as the articles adopt and present the allegations as substantiated by evidence and ongoing regulatory investigations.

Court Disposition

Judgment on preliminary issues; meanings determined as set out in the judgment; permission to amend granted; costs in the case.

Orders

  • Parties to draw up an order reflecting the judgment's findings on meaning and fact/opinion.
  • Claimant granted permission to amend Particulars of Claim in relation to the First Article.