Page 66 - Law and the Media

Defamation
Applications for ruling on meaning
After the proceedings have been issued, the court can, either of its own volition or on
application by either party, rule on meaning and strike out or dismiss the action in favour of
either party.

Pleadings can be substantially narrowed by applications by the claimant or the defendant for
a ruling as a preliminary issue on meaning in the Statement of Case for the Defence. These
applications can be heard at any time after service of the statement of case containing full
particulars of the claim. The judge will narrow the possible range of meanings and will strike
out those that are outside the permissible range. The jury will decide which is the meaning
of the statement within the permissible range. Evidence on such an application is minimal,
as the court seeks to give the statement the natural and ordinary meaning that would be
conveyed to an ordinary, reasonable person.

Summary disposal
Sections 8–11 of the Defamation Act 1996 came into force on 28 February 2000, and provide
for consideration by a judge of whether either party is entitled to summary disposal of the
claim. The court can, either of its own volition or on application by either party, make such
an order at any time after the proceedings have been issued.

The test is whether there is no realistic prospect of success and whether there is no other
reason why the case should be tried. The relevant factors include the seriousness of the
alleged wrong, including both the content and extent of publication, the extent of conflicting
evidence, and whether it is ‘justifiable in the circumstances to proceed to a full trial’.
Possible relief includes a declaration that the statement was false and defamatory of the
claimant, an order that the defendant publishes an apology and be restrained from further
publication, and damages of up to £10 000.

1.4.4 Evidence

Both parties must disclose all documents in their control that either support or adversely
affect their case or that of another party. This duty is a continuing duty throughout the
proceedings. Specific orders can be made if the court considers documents are being
withheld.

Witness evidence must be exchanged in the form of witness statements. Both parties can
serve Requests for Further Information concerning the pleadings, as well as factual matters.

1.4.5 Protection of confidential sources and information

Both parties are required to serve lists of documents that must include confidential or
privileged documents. However, such documents need not be shown to the other party if they
are protected by privilege. This form of privilege is different to the defences to defamation
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