Connell v MGN Ltd [2008] NIQB 90 (5 September 2008)

Connell v MGN Ltd [2008] NIQB 90 (5 September 2008)

The only meaning capable of being borne by the article, as alleged by the plaintiff, is that if the jury found the plaintiff posed for the photograph in front of the mural, it would be open to them to find she proudly, openly and publicly associated herself with Raymond McCreesh. All other alleged meanings and particulars of innuendo are not sustainable as a matter of law and must be struck out.

Citation
[2008] NIQB 90
Parties
Plaintiff: Ann Connell; Defendant: MGN Ltd
Jurisdiction
Northern Ireland
Judgment Date
05 September 2008
Procedural Posture
Libel Action (defamation) / Interlocutory Application Under Order 82 Rule 3 a for Determination of Meanings
Outcome
Application granted in part; only one meaning allowed to proceed to trial; all other meanings and particulars of innuendo struck out.
Legal Topics
Libel, Meaning of Defamatory Statements, Order 82 Rule 3 a Applications, Innuendo Meanings
Defamation Media Law Libel Meaning of Defamatory Statements Order 82 Rule 3 a Applications Innuendo Meanings

Case Brief

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Parties

Ann Connell

Plaintiff

MGN Ltd

Defendant

Procedural Posture

Libel Action (defamation) / Interlocutory Application Under Order 82 Rule 3 a for Determination of Meanings

Legal Issues

  1. 1 Whether the words and images complained of are capable of bearing the defamatory meanings alleged by the plaintiff
  2. 2 Whether particulars of innuendo pleaded by the plaintiff are sustainable

Ratio Decidendi

The only meaning capable of being borne by the article, as alleged by the plaintiff, is that if the jury found the plaintiff posed for the photograph in front of the mural, it would be open to them to find she proudly, openly and publicly associated herself with Raymond McCreesh. All other alleged meanings and particulars of innuendo are not sustainable as a matter of law and must be struck out.

Court Disposition

Application granted in part; only one meaning allowed to proceed to trial; all other meanings and particulars of innuendo struck out.

Orders

  • Meanings alleged at paragraph 4 (a)-(f), (h) and all particulars of innuendo struck out; only meaning at paragraph 4(g) allowed to proceed.