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/rufus-v-elliott
点击访问原文链接

Rufus v Elliott - 5RB Barristers

进入原网站 导航首页
Rufus v Elliott - 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 Rufus v Elliott Reference: [2013] EWHC 3355 (QB)

Court: High Court, Queen's Bench Division

Judge: Dingemans J

Date of judgment: 1 Nov 2013 Summary: Defamation - Libel – Meaning – Innuendo - Capability

Download: Download this judgment

Appearances: Jonathan Barnes KC (Claimant) 

Instructing Solicitors: Simon Smith, Solicitor, for the Claimant; David Price Solicitors and Advocates for the Defendant

Facts The Defendant, a former professional footballer, issued a press release explaining his decision to resign as a Kick It Out trustee. Kick It Out is an anti-racism campaign group, supported by the Football Association. The Claimant, also a former professional footballer, complained that with reference to an earlier newspaper article published in the Sun, headlined “A football anti-racism champion has sparked a race row after calling another black man “n*****””, concerning a row between the two men, who were previously friends and business colleagues, the Defendant’s press release implied that the Claimant had acted disloyally to the Defendant by making public a text message sent by the Defendant to the Claimant, which contained an extremely offensive word. (The Claimant in fact denies that it was him who made the text public.)

The Defendant applied to have the claim in libel struck out, arguing that the word he used in his text message had been so offensive that it cannot be defamatory to say that the Claimant made it public.

Issue Would no right-thinking member of society think the less of the Claimant, because he had only been accused, by supposedly disclosing the text message, of reporting wrongdoing or acting as an informer?

Held The “informer” authorities establish: first, that it cannot be defamatory to say of a person that he is acting disloyally in reporting a crime to relevant authorities, even if that statement exposes the person to odium or contempt from a section of society, such as criminals, see Mawe v Pigott (1869) Ir.R. 4 C.L. 54 and Byrne v Deane [1937] 1 KB 838; and secondly that unless the person is reporting a crime, it may be defamatory to say of a person that they have acted disloyally, even if the person was acting lawfully in carrying out the disloyal activity, see Myroft v Sleight (1921) 90 LJKB 883.

There was not much serious dispute about the potential meaning of the press release in the context of the Sun article, because it was accepted that the clear meaning was that the Claimant had made public the text message. Right-thinking members of society are well aware of the ordinary weaknesses and failings of mankind and that in private communications between former friends even the most well-intentioned and hard-working people might say things which should never be said. Therefore, right-thinking members of society could take the view that disclosing a private communication to the public, with the inevitable consequence that a former friend would lose his office, was both disloyal and wrong.

Accordingly, the press release was capable of having the meaning attributed to it by the Claimant and was capable of being defamatory of him.

Comment The Court was careful to record that this was an application about whether the relevant words are capable of bearing a defamatory meaning. It was not the hearing of a preliminary issue for a determination as to the actual meanings of the words. The matter will now proceed to a trial, at which actual meaning amongst other matters will fall to be determined.

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* NameThis 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