Pitman -v- Jersey Evening Post and 1st Jersey Ltd [2012] JRC 069 (26 March 2012)

Pitman -v- Jersey Evening Post and 1st Jersey Ltd [2012] JRC 069 (26 March 2012)

Plaintiffs may call witnesses to give evidence of extrinsic facts known to them, but may not adduce evidence from those witnesses as to the meaning they understood the words to bear, as the meaning is for the court to determine. No special or unusual feature in this case displaces this principle.

Citation
[2012] JRC 069
Parties
Plaintiff: Mr and Mrs Pitman; Defendant: Jersey Evening Post; Defendant: 1st Jersey Limited
Jurisdiction
Jersey
Judgment Date
26 March 2012
Procedural Posture
Defamation (libel) / Directions Hearing
Outcome
Plaintiffs may call evidence of extrinsic facts but not evidence from witnesses as to the meaning they understood the words to bear.
Legal Topics
Innuendo Meaning, Admissibility of Evidence, Extrinsic Facts, Libel, Interpretation of Defamatory Meaning
Defamation Media Law Innuendo Meaning Admissibility of Evidence Extrinsic Facts Libel Interpretation of Defamatory Meaning

Case Brief

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Parties

Mr and Mrs Pitman

Plaintiff

Jersey Evening Post

Defendant

1st Jersey Limited

Defendant

Procedural Posture

Defamation (libel) / Directions Hearing

Legal Issues

  1. 1 Whether a plaintiff may adduce evidence from witnesses not only as to extrinsic facts supporting an innuendo meaning but also as to the meaning those witnesses understood the words to bear

Ratio Decidendi

Plaintiffs may call witnesses to give evidence of extrinsic facts known to them, but may not adduce evidence from those witnesses as to the meaning they understood the words to bear, as the meaning is for the court to determine. No special or unusual feature in this case displaces this principle.

Court Disposition

Plaintiffs may call evidence of extrinsic facts but not evidence from witnesses as to the meaning they understood the words to bear.