Case Details

Citation(s)
SLG 1892 (2019) 122 SLD 1892 (2019) 124 SCMR 1397
Supreme Court of UK
Decision Dated: 12-06-2019. Dates of hearing: 13 and14-11-2018. (On appeal from [2017] EWCA Civ 1334)
LORD KERR, LORD WILSON, LORD SUMPTION, LORD HODGE AND LORD BRIGGS
Petitioner(s) by: David Price QC, Jonathan Price (instructed by David Price, Solicitor Advocate)
Respondent(s) by: Adrienne Page QC, Godwin Busuttil (instructed by Taylor Hampton)

INDEPENDENT PRINT LTD. AND ANOTHERVSLACHAUX

Law:

Section:

(a) Tort--- ----Defamation---History of tort of defamation (in the United Kingdom) and attempts to statutorily reform it stated. (b) Tort--- ----Defamation---'Libel' and 'slander'--- Distinct origins, scope and reliefs awarded for torts of 'libel' and 'slander' stated. (c) Tort--- ----Defamation---Libel---Newspaper publication---Requirement that statement "had caused or was likely to cause 'serious harm' to the reputation of the claimant" [section 1(1) of the Defamation Act, 2013 (United Kingdom)]---Scope and meaning---Whether tendency to cause serious harm was sufficient to bring a claim for defamation---Held, that in addition to the common law presumption of damage to reputation, S. 1 of the Defamation Act, 2013 (United Kingdom) imposed a new threshold that the harm caused had to be serious---Such higher threshold of serious harm was a clear departure from the previous common law position---Application of the new threshold of serious harm to reputation must be determined by reference to the actual facts about its impact, and not just the meaning of the words---Establishing whether there was a cause of action depended on an assessment of the actual consequences resulting from the publication of the defamatory statement, which may include the size, and characteristics of the relevant audience, the quality of the publication and whether the claimant had any reputation to begin with---Serious harm to reputation could not be established solely by reference to the inherent tendency of words to cause harm to reputation---"Likely" to be caused referred to probable future harm and not merely to the tendency of the words---As a consequence, claimants were now required to show through a combination of the inherent tendency of the words and their actual impact that serious harm had or was likely to be caused to the claimant's reputation. Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946 and Thornton v Telegraph Media Group Ltd [2011] 1 WLR 1985 ref. (d) Tort--- ----Defamation---Libel---Harm to the reputation of a body that traded for profit---'Serious harm' that had caused or was likely to cause the body serious 'financial loss' [section 1(2) of the Defamation Act, 2013…
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