Brown v Bower & Anor

Brown v Bower & Anor

The words complained of, in their context, mean that at the date the News of the World made the allegation, there were grounds to suspect that the claimant had paid young male prostitutes to subject him to consensual rough sex. The book did not adopt or endorse the allegation as true, but took responsibility for its further dissemination. The parties agreed, for the purposes of this stage, that this meaning is defamatory at common law, but the court made no ruling on that issue, adjourning it for possible determination later.

Parties
Claimant: Nicholas Brown; Defendant: Tom Bower; Defendant: Faber & Faber Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Libel Action / Determination of Preliminary Issues: Meaning and Whether the Words Are Defamatory at Common Law
Outcome
Meaning determined; issue of whether meaning is defamatory at common law adjourned.
Legal Topics
Libel, Meaning of Defamatory Statements, Repetition Rule, Defamatory at Common Law, Chase Levels of Meaning
Defamation Media Law Libel Meaning of Defamatory Statements Repetition Rule Defamatory at Common Law Chase Levels of Meaning

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Parties

Nicholas Brown

Claimant

Tom Bower

Defendant

Faber & Faber Limited

Defendant

Procedural Posture

Libel Action / Determination of Preliminary Issues: Meaning and Whether the Words Are Defamatory at Common Law

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Does the repetition rule apply to the meaning?
  3. 3 Is the meaning found defamatory at common law?

Ratio Decidendi

The words complained of, in their context, mean that at the date the News of the World made the allegation, there were grounds to suspect that the claimant had paid young male prostitutes to subject him to consensual rough sex. The book did not adopt or endorse the allegation as true, but took responsibility for its further dissemination. The parties agreed, for the purposes of this stage, that this meaning is defamatory at common law, but the court made no ruling on that issue, adjourning it for possible determination later.

Court Disposition

Meaning determined; issue of whether meaning is defamatory at common law adjourned.

Orders

  • The meaning of the words complained of is that, at the date the allegation was made by the News of the World, there were grounds to suspect that the claimant had paid young male prostitutes to subject him to consensual rough sex.
  • The question of whether this meaning is defamatory at common law is adjourned for possible determination later in the proceedings.