Arron Banks has successfully appealed part of the judgment in his libel claim against Carole Cadwalladr before the Court of Appeal. The case hinged on the public interest defence, which was established for the first phase of publication (a TED talk). The appeal focused on whether the claimant had to show serious harm had been caused by later phases of publication (further publication of the Ted talk and a Tweet) to succeed in his claim once the public interest defence had ceased to apply.
Background
The claimant is a businessman who was the leader of the campaign for the UK to leave the EU. The defendant is a freelance journalist. The claimant sued the defendant for libel in a talk (the TED Talk) and a tweet (the Tweet), each of which suggested that the claimant had secretly broken the law on electoral funding by taking money from a foreign power and subsequently lying about it. The TED Talk and the Tweet were both published online to a substantial audience in this jurisdiction.
By the time of the trial, official investigations had found no evidence that there had been any such breach of the law, and so a defence of truth was abandoned by the defendant. Instead, she relied on the statutory defence of publication on matters of public interest. The case hinged on (a) whether the claimant had proved that publication had caused serious harm to his reputation or was likely to do so, and if so, (b) whether the publication was protected by the public interest defence.
In the High Court, the trial judge held that the defendant was only able to rely on the defence of public interest until publication of a statement by the Electoral Commission exonerating the claimant. Despite this, the trial judge concluded that the claimant did not meet the threshold for serious harm in the second phase of publication of the Ted Talk or the Tweet and the claim was therefore dismissed.
The Judgment
The three issues put to the Court of Appeal (the Court) were:
On the first issue, the Court agreed with the trial judges decision that the finding of serious harm at the time of the publication needed to be reassessed at the point which the public interest defence fell away (i.e., phase two of the publication). A statement is only to be regarded as defamatory if, and to the extent that, its publication causes serious harm to reputation or is likely to do so. It is a reminder in cases that involve continuing publication that each phase must individually cause serious harm to the claimants reputation.
On the second issue, the Court disagreed with the trial judges finding that the publication did not cause serious harm because it was made in the defendants echo chamber. It was significant that the TED Talk had been extensively published in England and Wales in Phase Two and the trial judges finding that the harm caused was less because the opinions of these viewers were of no consequence to the claimant was wrong in principle.
On the third issue, the Court held that despite the trial judge erring on the second issue, this did not fatally undermine her conclusion insofar as the Tweet was concerned. However, in light of the finding on the second issue, it was incorrect to conclude that harm caused by the later publication of the TED Talk was not serious.
The Court held that damages should be assessed and awarded in respect of phase two of the publication of the TED Talk but not in respect of the publication of the Tweet.
Conclusion
The appeal reinforces to journalists the need to continually assess whether a statement remains in the public interest. If new evidence comes to light which causes the defence to fall away, the availability of other defences should be considered -if there are none, this case highlights the risk of a defamation complaint being upheld if serious harm is being caused.
A link to the judgment can be foundhere.
Read the original:
Leader of Brexit campaign successfully appeals part of his libel case - Lexology
- Its clearer than ever that Brexit has failed lets not inflict its miseries on young people - The Guardian - April 24th, 2024 [April 24th, 2024]
- 'I might as well stop and diversify into holiday lets' new research reveals the reality of farming after Brexit - The Conversation - April 24th, 2024 [April 24th, 2024]
- French bank to close dozens of Britons' accounts citing Brexit - The Connexion - April 24th, 2024 [April 24th, 2024]
- UK-US trade deal 'could be easier' with Donald Trump in the White House, says Lord Frost - Express - April 24th, 2024 [April 24th, 2024]
- Labour's Brexit conundrum - The Week - April 24th, 2024 [April 24th, 2024]
- Post-Brexit UK Risks Being 'Left Out In The Cold' As EU Coordinates Action On Shortages - Pink Sheet - April 24th, 2024 [April 24th, 2024]
- Brussels wants post-Brexit talks with UK on new youth mobility rights - POLITICO Europe - April 24th, 2024 [April 24th, 2024]
- Ravaged by austerity, chastened by Brexit: how can Britain have influence abroad when its broken at home? - The Guardian - April 24th, 2024 [April 24th, 2024]
- Sunak rejects offer of youth mobility scheme between EU and UK - The Guardian - April 24th, 2024 [April 24th, 2024]
- Brexit, austerity and how Labour could fix Britain - Tortoise - Tortoise Media - April 24th, 2024 [April 24th, 2024]
- NYSE considers 24/7 trading; Goldman Sachs moves senior banker to Paris amid post-Brexit overhaul - The Banker - April 24th, 2024 [April 24th, 2024]
- EU Delighted by Prospect of UK Labour Reneging on Brexit - The European Conservative - April 24th, 2024 [April 24th, 2024]
- Reverse the Brexit fiasco! - Workers' Liberty - April 24th, 2024 [April 24th, 2024]
- The writing is on the wall Starmer and Brussels will undo Brexit - The Telegraph - April 24th, 2024 [April 24th, 2024]
- UK to delay start of health and safety checks on EU imports report - The Guardian - April 24th, 2024 [April 24th, 2024]
- Journalist Asks David Cameron Outright If Rwanda Bill Is A Consequence Of Brexit - HuffPost UK - April 24th, 2024 [April 24th, 2024]
- 'We retired to Spain after Brexit and it's much cheaper - the UK seems miserable' - inews - April 24th, 2024 [April 24th, 2024]
- The EU would rather destroy the planet than let Brexit succeed - The Telegraph - April 24th, 2024 [April 24th, 2024]
- War heroes and Brexit: Why Greeks will always love the British - The Telegraph - April 24th, 2024 [April 24th, 2024]
- WATCH: Castletownbere fishermen to feature in documentary on impact of Brexit | Southern Star - The Southern Star - April 24th, 2024 [April 24th, 2024]
- Britons told their French bank accounts 'are being closed due to Brexit' - inews - April 24th, 2024 [April 24th, 2024]
- Post-Brexit border controls delayed again in the UK - hortidaily.com - April 24th, 2024 [April 24th, 2024]
- UK rejects mobility agreement with Europe to help young people travel and live abroad - The Independent - April 24th, 2024 [April 24th, 2024]
- EU proposing post-Brexit joint youth work and study scheme with UK - Sky News - April 24th, 2024 [April 24th, 2024]
- Brexit border checks will start from 30 April - Fruitnet - April 24th, 2024 [April 24th, 2024]
- Lord of the Rings star Dominic Monaghan says 'Brexit was a con' and urges others to take action - Manchester Evening News - April 24th, 2024 [April 24th, 2024]
- The EU has finally admitted it needs Britain more than we need it - The Telegraph - April 24th, 2024 [April 24th, 2024]
- The Brexit revelations: May's no-deal, a Canada plan and mating porcupines - The Times - April 24th, 2024 [April 24th, 2024]
- Italian citizens bank accounts frozen owing to shameful post-Brexit rules - The Guardian - December 22nd, 2023 [December 22nd, 2023]
- EU Policy. UK hails financial access deal with Switzerland after Brexit losses - Euronews - December 22nd, 2023 [December 22nd, 2023]
- Brexit: How the NI Protocol became the Windsor Framework - BBC.com - December 22nd, 2023 [December 22nd, 2023]
- EU Approves Three-Year Delay to Post-Brexit Tariffs on EVs - OilPrice.com - December 22nd, 2023 [December 22nd, 2023]
- Travel chaos is 'only going to get worse' when new EU fingerprint checks come in - NationalWorld - December 22nd, 2023 [December 22nd, 2023]
- British exporters call on government to ease post-Brexit trade frictions with EU - The Guardian - December 22nd, 2023 [December 22nd, 2023]
- Brits visiting Europe will have to give fingerprints under new rules - Metro.co.uk - December 22nd, 2023 [December 22nd, 2023]
- Ursula von der Leyen humiliated as UK forced major EU climbdown in Brexit car victory - Express - December 22nd, 2023 [December 22nd, 2023]
- Modern slavery a feature of care sector in England since Brexit - The Guardian - December 22nd, 2023 [December 22nd, 2023]
- US president Joe Biden ditches trade deal talks with Britain over fears of job losses - The Independent - December 22nd, 2023 [December 22nd, 2023]
- Brexit inflation: The role of trade policy uncertainty in increasing UK import prices - CEPR - December 22nd, 2023 [December 22nd, 2023]
- UK and EU Reach Accord on Post-Brexit Electric Car Tariff Postponement - IndiaTimes - December 22nd, 2023 [December 22nd, 2023]
- How are Brexit travel restrictions easing outbound and inbound? - The Independent - December 22nd, 2023 [December 22nd, 2023]
- Jeremy Hunt to strike post-Brexit banking deal with Switzerland - Yahoo Finance UK - December 22nd, 2023 [December 22nd, 2023]
- Britain was right to Brexit | MoneyWeek - MoneyWeek - December 22nd, 2023 [December 22nd, 2023]
- Brexit pain could be eased for Brits with homes in France - The Independent - December 22nd, 2023 [December 22nd, 2023]
- DUP talks about post-Brexit trading have ended, Northern Ireland secretary says - The Guardian - December 22nd, 2023 [December 22nd, 2023]
- Have voters cooled on the prospect of re-joining the EU? - UK in a Changing Europe - December 22nd, 2023 [December 22nd, 2023]
- Brexit will really start to bite us in 2024. How ready are you? - The Independent - December 22nd, 2023 [December 22nd, 2023]
- UK ditches company working time rules in further post-Brexit red tape cuts - City A.M. - November 8th, 2023 [November 8th, 2023]
- Sovereignty, economy, immigration: still the three pillars of the Brexit ... - UK in a Changing Europe - November 8th, 2023 [November 8th, 2023]
- Just because Brexit isnt on the frontpages, doesnt mean its settled - UK in a Changing Europe - November 8th, 2023 [November 8th, 2023]
- Post-Brexit EU clearing rules set for more relaxed approach - International Financing Review - November 8th, 2023 [November 8th, 2023]
- There's trouble in store for post-Brexit Britain - The New European - November 8th, 2023 [November 8th, 2023]
- SMEs feel the squeeze from Brexit - Financial Times - November 8th, 2023 [November 8th, 2023]
- Three years of polling on the Protocol reveals the depth of the new ... - Newswise - November 8th, 2023 [November 8th, 2023]
- James O'Brien on post-Brexit Britain: 'This conflation of patriotism ... - The Irish Times - November 8th, 2023 [November 8th, 2023]
- What's really behind GB News signing Boris as the voice of Brexit ... - Prospect Magazine - November 8th, 2023 [November 8th, 2023]
- Revealed: How Brexit and the Covid hangover are affecting the ... - Car Dealer Magazine - November 8th, 2023 [November 8th, 2023]
- Grayson Perry's portrait from the edge - The New European - November 8th, 2023 [November 8th, 2023]
- Bankers bonuses are back and the long 2010s dominated by Brexit ... - City A.M. - November 8th, 2023 [November 8th, 2023]
- Ports and truckers clash over post-Brexit border costs - Financial Times - September 17th, 2023 [September 17th, 2023]
- What would the UK look like without Brexit? - The New Statesman - September 17th, 2023 [September 17th, 2023]
- The long road of Brexit: A shifting regulatory reality - New Food - September 17th, 2023 [September 17th, 2023]
- Make-or-break moment looms for Northern Ireland's failed government - POLITICO Europe - September 17th, 2023 [September 17th, 2023]
- Barry Jones The Voice is our Brexit moment - The Saturday Paper - September 17th, 2023 [September 17th, 2023]
- Mark Carney Has Delivered A Stunning Takedown Of Brexit And Liz Truss - Yahoo Movies UK - September 17th, 2023 [September 17th, 2023]
- It's not just the 'Remainers' whingeing Britain really is broken - The Australian Financial Review - September 17th, 2023 [September 17th, 2023]
- UK SMEs not ready for 'avalanche' of Brexit 2.0 rules and taxes - Financial Times - September 17th, 2023 [September 17th, 2023]
- Brexit Bitterness Continues To Cloud Reporting The European Conservative - The European Conservative - September 17th, 2023 [September 17th, 2023]
- Green Brexit doesn't extend to pesticide protections - Footprint - September 17th, 2023 [September 17th, 2023]
- Theresa May says her Brexit deal was better than Boris Johnson's - POLITICO Europe - September 17th, 2023 [September 17th, 2023]
- Remainer UK civil servants were in tears over Brexit, top official says - POLITICO Europe - September 17th, 2023 [September 17th, 2023]
- Mark Carney Has Delivered A Stunning Takedown Of Brexit And Liz Truss - Yahoo News Canada - September 17th, 2023 [September 17th, 2023]
- More Brits than ever say Brexit was wrong choice: YouGov survey - Reuters UK - July 19th, 2023 [July 19th, 2023]
- Britain's fishing industry in line for post-Brexit boost following the end of EU red tape - Daily Mail - July 19th, 2023 [July 19th, 2023]
- Tabloids are misleading their readers over Brexit at their own peril - The Media Leader - July 19th, 2023 [July 19th, 2023]
- UK Support to Rejoin the EU Passes 50% for the First Time Since Brexit - Yahoo News - July 19th, 2023 [July 19th, 2023]
- Record Numbers of Brits Regretting Brexit, Survey Shows - SchengenVisaInfo.com - SchengenVisaInfo.com - July 19th, 2023 [July 19th, 2023]
- Almost two-thirds of Brits think Brexit has been a failure - The New European - July 19th, 2023 [July 19th, 2023]
- Five ways UK fashion industry can grow post-Brexit, Covid - just-style.com - July 19th, 2023 [July 19th, 2023]
- British companies start to grapple with 'Brexit 2.0' - Financial Times - July 19th, 2023 [July 19th, 2023]