温馨提示:本站仅提供公开网络链接索引服务,不存储、不篡改任何第三方内容,所有内容版权归原作者所有
AI智能索引来源:http://www.5rb.com/case/daniels-v-bbc
点击访问原文链接

Daniels v BBC - 5RB Barristers

Daniels v BBC - 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 Daniels v BBC Reference: [2010] EWHC 3057 (QB)

Court: Queen's Bench Division

Judge: Sharp J

Date of judgment: 24 Nov 2010 Summary: Defamation - Meaning - Summary judgment - Malice - Civil restraint order

Appearances: Adam Wolanski KC (Defendant) 

Instructing Solicitors: BBC Litigation Department; the Claimant in person

Facts The Claimant worked for five months in a junior administrative role for the BBC. Complaints were made by colleagues that he was difficult to work with and about the quality of his work. After a meeting convened under the BBC’s capability procedure he was dismissed. He brought three sets of proceedings for libel against the BBC in respect of comments made by various former colleagues in a feedback schedule which was produced at the capability meeting. The BBC applied for a ruling that the words complained of were incapable of bearing a defamatory meaning, for summary judgment and for an extended civil restraint order against the Claimant.

Issue (1) Whether the words were capable of bearing any meaning defamatory of the Claimant;

(2) Whether the Claimant’s case on malice had a realistic prospect of success;

(3) Whether a civil restraint order should be made.

Held Granting summary judgment but declining to make a civil restraint order:

(1) The words complained of were not capable of bearing any meaning defamatory of the Claimant. They did not impute to the Claimant some quality which would be detrimental, or the absence of some quality which is essential, to the successful carrying on of his office, profession or trade. Further, the complaint did not surmount the threshold of seriousness.

(2) The words were plainly protected by qualified privilege, and the case on malice was bound to fail.

(3) While the current claims were to be described as totally without merit, the Claimant had not demonstrated the necessary hallmark of persistent vexatiousness such as to trigger the court’s power to make a civil restraint order.

Comment The judge applied the seriousness threshold for defamation claims as considered by Tugendhat J in Thornton v Telegraph Media Group (No 2): “It might be considered the threshold of seriousness is implicit in the approach of the ordinary reasonable and sensible man; alternatively, if the statements…are defamatory of the Claimant, it is to such a minor degree that the threshold of seriousness which I agree with Tugendhat J it is necessary to surmount in accordance with the approach of the Court of Appeal in Jameel v Dow Jones, is not surmounted in this case”.

Share Quick linksUrgent advice Enquiry Register for 5RB updates Latest news 5RB Hosts BVL, PASS and MTAttB Placement Students Read more

Judgment in TPI on Meaning in Belafonte v NGN Read more

High Court hears the first application to strike out a claim as a SLAPP under CPR 3.4(2)(d) Read more

Jonathan Scherbel-Ball reappointed to Advisory Council on National Records and Archives Read more

Phone hacking limitation trial begins Read more

TPI on Meaning in Belafonte v NGN Read more

£50,000 damages and an injunction awarded in TikTok libel claim Read more

Sunday Times granted transparency order in care proceedings about fabricated or induced illness Read more

View news archive Latest cases Bradley v CM & others [2026] EWHC 125 (Fam)

Optosafe Limited & Anr v Robertson [2026] EWHC 12 (KB) [2026] EWHC 12 (KB)

Blake v Fox [2025] EWCA Civ 1321

Solicitor General v Yaxley-Lennon [2024] EWHC 2732 (KB), [2025] EWCA Civ 476 [2025] EWCA Civ 476

Wei & Ors v Long & Ors [2025] EWHC 158 (KB) [2025] EWHC 158 (KB)

Iqbal v Geo TV Limited [2024] EWCA Civ 1566

View all cases Follow us @5RB Email* CommentsThis field is for validation purposes and should be left unchanged. 5 Gray’s Inn Square Gray’s Inn London WC1R 5AH T 020 7242 2902

Barristers regulated by the Bar Standards Board

Site Map Privacy Policy Disclaimer Credits

智能索引记录