Brown v Bower & Anor

Brown v Bower & Anor

It is just and convenient to direct a preliminary trial of meaning and defamatory tendency, as these issues are narrow, can be resolved quickly, and may end or narrow the proceedings. It is not just or convenient to direct a preliminary trial of serious harm or Jameel abuse, as such a trial would likely complicate, delay, and waste resources, with substantial factual and legal disputes and uncertain substantive defences.

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 Orders and Directions for Trial of Preliminary Issues
Outcome
Application granted in part
Legal Topics
Libel, Serious Harm Requirement, Preliminary Issues, Case Management, Offer of Amends, Jameel Abuse
Defamation Media Law Libel Serious Harm Requirement Preliminary Issues Case Management Offer of Amends Jameel Abuse

Case Brief

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Parties

Nicholas Hugh Brown

Claimant

Tom Bower

Defendant

Faber & Faber Limited

Defendant

Procedural Posture

Libel Action / Application for Orders and Directions for Trial of Preliminary Issues

Legal Issues

  1. 1 Whether preliminary issues of meaning, defamatory tendency, serious harm, and Jameel abuse should be tried
  2. 2 Whether the words complained of are defamatory at common law
  3. 3 Whether the claimant has established serious harm to reputation under section 1(1) of the Defamation Act 2013

Ratio Decidendi

It is just and convenient to direct a preliminary trial of meaning and defamatory tendency, as these issues are narrow, can be resolved quickly, and may end or narrow the proceedings. It is not just or convenient to direct a preliminary trial of serious harm or Jameel abuse, as such a trial would likely complicate, delay, and waste resources, with substantial factual and legal disputes and uncertain substantive defences.

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