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Economou v De Freitas

Economou v De Freitas

Postby dls » Sat Jul 30, 2016 4:17 pm

Economou v De Freitas; QBD 27 Jul 2016
References: HQ15D01507, [2016] EWHC 1853 (QB)
Links: Bailii, Judiciary, Judiciary Press Summary
Coram: Warby J
Ratio: The claimant had been accused by the defendant's daughter of rape. He was never charged but sought to prosecute her alleging intent to pervert the course of justice. She later killed herself. The defendant sought to have the inquest extended to challenge the role taken by the CPS, and, on advice sought publicity, leading to making statements which were the subject of these defamation proceedings.
Held: Of the allegations made, two were of such a nature for the court properly to find substantial damage to the claimant's reputation, and were therefore defamatory under section 1 of the 2013 Act. However, the court concluded that the public interest defence in respect of each of these latter publications was sufficient to justify th epublications. The action therefore failed.
This case cites:
    - Cited - Knuppfer v London Express Newspaper Ltd HL (Bailii, [1944] UKHL 1, [1944] AC 196, [1944] AC 116)
    The plaintiff complained that the defendant's article was defamatory in implying that he was an agent of Hitler. He was representative in Great Britain of a political party of Russian emigres known as Mlado Russ or Young Russia. The total membership . .
    - Cited - Morgan v Odhams Press Ltd HL ([1971] 1 WLR 1239, [1971] 2 All ER 1156)
    The plaintiff claimed in defamation. The defence was that the words did not refer to the plaintiff and could not be understood to refer to him.
    Held: The question as to what meaning words are capable of bearing has been described as a question . .
    - Cited - Hayward v Thompson CA ([1982] 1 QB 47, [1981] 3 All ER 45)
    A later publication by the same defendant can be used to identify the plaintiff in an earlier publication. If the defendant did intend to refer to the plaintiff, it may be enough if the recipient understood it as referring to the plaintiff . .
    - Cited - Grappelli v Derek Block (Holdings) Ltd CA ([1981] 2 All ER 272, [1981] 1 WLR 822)
    Stephane Grappelli, an renowned musician, employed the defendants to promote him. They purported to arrange various concerts, but did so without his authority. When they were cancelled, they told the venue owners that they were cancelled because the . .
    - Cited - Baturina v Times Newspapers Ltd CA (Bailii, [2011] EWCA Civ 308, [2011] 1 WLR 1526, [2011] EMLR 19, [2011] HRLR 22)
    The claimant appealed against directions given in her defamation action against the defendant. It had been said that she owned a house, and the defendant said that this was not defamatory. The claimant said that as the wife of the Mayor of Moscow . .
    - Cited - Lachaux v Independent Print Ltd QBD (Bailii, [2015] EWHC 2242 (QB), [2016] 2 WLR 437, [2015] WLR(D) 345, [2015] EMLR 28, WLRD)
    The claimant brought defamation claims as to articles making allegations said to imply that the claimant had mistreated his wife.
    Held: Section 1(1) had the effect of making a publication not defamatory unless serious harm would have been or . .
    - See Also - Economou v De Freitas QBD (Bailii, [2016] EWHC 1218 (QB))
    The defendant's daughter had made an accusation of rape against the claimant, but no charges were brought. The claimant had sought to vindicate his reputation by a private prosecution of her for attempting to pervert the course of justice. She . .
    - See Also - Regina v Economou (Judiciary)
    Westminster Magistrates' Court - The defendant faced a charge of harassment under the 1997 Act. A Ms De Freitas had laid a complaint of rape against but no further action had been taken. He began in turn proceedings alleging attempted perversion of . .
    - Cited - Suresh Bhagwani Raja Shah and Navin Bhagwanji Shah v Standard Chartered Bank CA (Times 13-May-98, Bailii, [1998] EWCA Civ 612, [1999] QB 241, [1998] 3 WLR 592, [1998] 4 All ER 155, [1998] EMLR 597)
    The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action.
    Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in . .
    - Cited - Jeynes v News Magazines Ltd and Another CA (Bailii, [2008] EWCA Civ 130)
    The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual.
    Held: The appeal failed.

    Sir . .
    - Cited - Undre and Another v The London Borough of Harrow QBD (Bailii, [2016] EWHC 931 (QB))
    Preliminary issue as to whether words used carried a defamatory meaning, and whether they had caused serious harm to a reputation under section 1 of the 2013 Act. . .
    - Cited - Rubber Improvements Ltd and Lewis v Daily Telegraph Ltd HL ([1964] AC 234, [1963] 1 QB 340, [1963] 2 All ER 151, [1963] 2 WLR 1063)
    The Daily Telegraph had published an article headed 'Inquiry on Firm by City Police' and the Daily Mail had published an article headed 'Fraud Squad Probe Firm'. The plaintiffs claimed that those articles meant that they were guilty of fraud. The . .
    - Cited - Charleston and Another v News Group Newspapers Ltd and Another HL (Times 31-Mar-95, Independent 31-Mar-95, [1995] 2 AC 65, Bailii, [1995] UKHL 6, [1995] 2 All ER 313, [1995] 2 WLR 450)
    The plaintiffs were actor playing Harold and Madge Bishop in the Australian soap series 'Neighbours'. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual . .
    - Cited - Monks v Warwick District Council QBD (Bailii, [2009] EWHC 959 (QB))
    The claimant sought damages in defamation in respect of a statement made by one of its planning officers.
    Held: A source or contributor cannot be sued for a defamatory meaning which only arises from part of the media publication to which he . .
    - Cited - Cassidy v Daily Mirror CA ([1929] 2 KB 331)
    Words which would not otherwise have been defamatory can become so because of circumstances. The intention of the defendant is irrelevant: 'Liability for libel does not depend on the intention of the defamor; but on the fact of defamation.'<br . .
    - Cited - Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another CA ([1977] 1 WLR 651)
    A local newspaper circulating in Teesside, where the claimant had been appointed deputy headmaster of a school, published an article in 1973 saying of the claimant that he was a former Roman Catholic priest who had left his parish in the Salford . .
    - Cited - Reynolds v Times Newspapers Ltd and others HL (Times 29-Oct-99, Gazette 25-Nov-99, Gazette 17-Nov-99, House of Lords, Bailii, [2001] 2 AC 127, [1999] UKHL 45, [1999] 4 All ER 609, [1999] 3 WLR 1010, [2000] EMLR 1, [2000] HRLR 134, 7 BHRC 289)
    The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
    - Cited - GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1) CA ([2001] 1 WLR 2571)
    It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: 'there was a real, if problematic, prospect of success.'
    May LJ . .
    - Cited - Regan v Taylor CA (Times 15-Mar-00, Bailii, [2000] EWCA Civ 68, [2000] EMLR 549)
    The claimant alleged defamation by the defendant, his then opponent's solicitor. He now appealed summary judgment against him.
    Held: A solicitor properly appointed by his client to represent his client in legal proceedings and responding to . .
    - Cited - Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe SPRL QBD (Bailii, [2004] EWHC 37 (QB), Bailii, [2004] EMLR 11)
    It is almost inevitable that in a Reynolds privilege case to be tried by jury there will be presented to them a list of questions, sometimes no doubt formidably long. The object is to enable the judge to have the factual matrix upon which to make . .
    - Cited - Hrico v Slovakia ECHR (49418/99, Worldlii, [2004] ECHR 365, Bailii, (2005) 41 EHRR 18)
    <a title='Source of text]Hudoc[/url] Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award
    There is little scope under . .
    - Cited - Barron MP and Another v Vines QBD (Bailii, [2015] EWHC 1161 (QB))
    The court considered the damages to be awarded afer a libellous television broadcast on Sky TV. The claimants were MPs for Rotherham. There had been a large scale abuse of children, and they had been acused of not reponding properly to it by the . .
    - Cited - Yeo v Times Newspapers Ltd QBD (Bailii, [2015] EWHC 3375 (QB))
    The claimant alleged defamation by the defendant as to his conduct as an MP. The defendant having pleaded justification, the court now tried the liability issue.
    Held: The claim failed. The publication had the benefit of reynolds privilege. . .
    - Cited - Sobrinho v Impresa Publishing Sa QBD (Bailii, [2016] EWHC 66 (QB), [2016] EMLR 12)
    Dingemans J considered the effect of s 1 of the 201 Act: 'first, a claimant must now establish, in addition to the requirements of the common law relating to defamatory statements, that the statement complained of has in fact caused or is likely to . .
    - Cited - Hays Plc v Hartley QBD (Bailii, [2010] EWHC 1068 (QB))
    Mr Hartley operated a news agency, and provided to the publisher of the Sunday Mirror, MGN Ltd, allegations of racism that had been levelled at the claimant company by former employees. The allegations were reported in an article headed ''KKK . .
    - Cited - Starr v Ward QBD (Bailii, [2015] EWHC 1987 (QB))
    Trial of claims for slander and libel brought by the comedian and entertainer, Freddie Starr, against Karin Ward. They arise out of an interview which Ms Ward gave to the BBC in November 2011 and to ITV in October 2012 and the subsequent broadcasts . .
(This list may be incomplete)

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