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Bennett & Another v BBC & Another - 5RB Barristers

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Bennett & Another v BBC & Another - 5RB Barristers Call 5RB+44 (0)20 7242 2902 Menu About us Our work People Barristers Support team Recruitment Resources Cases News Publications Articles 5RB Talks Links Contact Contact us Enquiry Visit us Urgent injunctions Complaints procedure Register for 5RB updates Barristers Cases Bennett & Another v BBC & Another Reference: [2003] EWHC 553 (QB)

Court: Queen's Bench Division

Judge: Gray J

Date of judgment: 20 Mar 2003 Summary: Defamation - libel - particulars of justification - whether the defendant could justify the common sting of the whole article when the Claimant only complained about parts of it

Appearances: Justin Rushbrooke KC (Claimant) 

Instructing Solicitors: Cobbetts for the Claimant; BBC Litigation Department for the Defendants

Facts The BBC published an article on its website criticising the Claimant’s plan to launch an amateur manned rocket into space. The project was described as suicidal.

Issue Could the Defendant justify the common sting of the whole article even though the Claimant only complained about parts of it.

Held The article was not simply a collection of disparate criticisms of the Claimant; it was a comprehensive critique of the whole of his project therefore all of the article, the disparate stings as well as the general sting, could be justified.

Comment An example of how difficult it can be for claimants to avoid the problem of the defendant being able to justify parts of an article about which he does not complain.

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