Pitman -v- Jersey Evening Post [2013] JRC 213A (04 November 2013)

Pitman -v- Jersey Evening Post [2013] JRC 213A (04 November 2013)

There is no evidence linking the Pitmans to the threatening letters, the draft article is factual and not defamatory, and publication will not adversely affect the court proceedings. The injunction is not continued.

Citation
[2013] JRC 213A
Parties
Plaintiff: Mr and Mrs Pitman; Defendant: Jersey Evening Post
Jurisdiction
Jersey
Judgment Date
04 November 2013
Procedural Posture
Injunction / Return Date of Interim Injunction
Outcome
Interim injunction lapsed and not renewed; costs ordered against plaintiffs.
Legal Topics
Interim Injunction, Publication, Defamatory Statements, Court Proceedings Influence
Defamation Civil Procedure Interim Injunction Publication Defamatory Statements Court Proceedings Influence

Case Brief

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Parties

Mr and Mrs Pitman

Plaintiff

Jersey Evening Post

Defendant

Procedural Posture

Injunction / Return Date of Interim Injunction

Legal Issues

  1. 1 Whether publication of the article would be defamatory to the Pitmans
  2. 2 Whether publication would adversely affect ongoing court proceedings

Ratio Decidendi

There is no evidence linking the Pitmans to the threatening letters, the draft article is factual and not defamatory, and publication will not adversely affect the court proceedings. The injunction is not continued.

Court Disposition

Interim injunction lapsed and not renewed; costs ordered against plaintiffs.

Orders

  • Interim injunction not continued
  • Order for costs against plaintiffs