Jurisdiction(s):
United Kingdom

Bates v Rubython: libel serious harm, bad reputation and Burstein particulars; limits on survey and judicial stricture evidence; DPA 2018 no bar to subscriber disclosure (England and Wales)

Published on: 28 January 2025

Published by a LexisNexis TMT expert

Legal News

Article summary

Bates v Rubython and BusinessF1 Magazine [2024] EWHC 2706 (KB)

What are the practical implications of the case?

The court first addressed applications to excise passages from the first defendant’s witness statement and from the defence, on the footing that they strayed beyond matters relevant to the pleaded positions on pre‑existing poor reputation and serious harm. The bid to strike out those passages succeeded. The application also prompted analysis of Burstein particulars—background matters directly tied to the defamatory sting which, if proved, may mitigate damages. The ruling underscores that such particulars must be tightly focused, directly relevant, and within the publishees’ knowledge to be relied upon. In addition, a defendant who does not plead truth cannot, save under the Burstein rule, adduce evidence tending to the truth of the libel. On serious harm and alleged bad reputation, the judge considered a defendants’ survey of the claimant’s reputation. Such a survey may in principle be admissible if the respondents can be shown to represent the publishees of the words complained of. That standard was not met here. In that context, case management required tight focus on the relevance and proportionality of evidential material throughout. The judge also considered the relevance of...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...