Brown v Bower & Anor [2017] EWHC 1388 (QB) (19 June 2017)

Brown v Bower & Anor [2017] EWHC 1388 (QB) (19 June 2017)

It is just and convenient to direct a preliminary trial of meaning and defamatory tendency, but not of serious harm or Jameel abuse. The proposed preliminary trial on serious harm and Jameel abuse would complicate, delay, and waste resources, and is not justified given the lack of clarity on substantive defences and the substantial factual and legal disputes involved.

Citation
[2017] EWHC 1388
Parties
Claimant: Nicholas Hugh Brown; Defendant: Tom Bower; Defendant: Faber & Faber Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2017
Procedural Posture
Libel Action / Application for Trial of Preliminary Issues Before Defence Served
Outcome
Application granted in part
Legal Topics
Libel, Defamatory Tendency, Serious Harm Requirement, Abuse of Process, Case Management, Offer of Amends Regime
Defamation Media Law Libel Defamatory Tendency Serious Harm Requirement Abuse of Process Case Management Offer of Amends Regime

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Parties

Nicholas Hugh Brown

Claimant

Tom Bower

Defendant

Faber & Faber Limited

Defendant

Procedural Posture

Libel Action / Application for Trial of Preliminary Issues Before Defence Served

Legal Issues

  1. 1 Should preliminary issues of meaning, defamatory tendency, serious harm, and Jameel abuse be tried before Defence is served?
  2. 2 Is it just and convenient to order a preliminary trial of serious harm and Jameel abuse?
  3. 3 Does the defendant have a duty to indicate substantive defences before preliminary issue trial?

Ratio Decidendi

It is just and convenient to direct a preliminary trial of meaning and defamatory tendency, but not of serious harm or Jameel abuse. The proposed preliminary trial on serious harm and Jameel abuse would complicate, delay, and waste resources, and is not justified given the lack of clarity on substantive defences and the substantial factual and legal disputes involved.

Court Disposition

Application granted in part

Orders

  • Preliminary trial of meaning and defamatory tendency ordered
  • Application for preliminary trial of serious harm and Jameel abuse refused