| Dingle v Associated Newspapers Ltd [1964] AC 371 |
The rule that a defendant cannot rely in mitigation on similar defamatory statements published by other persons (the "Dingle rule"). |
The court treated Dingle as a central principle. It held that the first-instance judge had erred in part by relying on other publications to infer that the Appellant already had a bad reputation, contrary to Dingle, and that this error materially affected her assessment of serious harm in the Appellant's counterclaims. |
| Lachaux v Independent Print Ltd [2019] UKSC 27; [2020] 2 AC 612 |
Interpretation of s.1(1) Defamation Act 2013: claimant must prove on balance of probabilities that publication caused (or was likely to cause) serious harm; authorised inferential proofs based on factors (scale, identifiable UK publishee who knew claimant, likelihood of others knowing, gravity of words). |
The court applied Lachaux as the leading framework for the statutory serious-harm test. It used the Lachaux factors to evaluate both the Appellant's and the Plaintiffs' cases and criticised parts of the first-instance reasoning for inconsistent treatment of those principles. |
| Barron v Vines [2016] EWHC 1226 (QB) |
Common law principles on defamatory tendency, presumption of falsity and approach to damages. |
Cited as an authority for how damages and defamatory tendency are assessed; used as part of the survey of settled rules on reputational harm and quantification of damages. |
| Sicri v Associated Newspapers Ltd [2021] 4 WLR 9 |
Discussion of causation and third-party publications in reputational-harm inquiries. |
Referenced as a modern first-instance authority illustrating issues about third-party publications and causation; used to contextualise the court's analysis. |
| Wright v McCormack [2023] EWCA Civ 892; [2024] KB 495 |
Guidance on mitigation, Pamplin rule, and how other matters (including claimant conduct) may affect damages; discussion of material contribution in certain contexts. |
Relied upon for principles on mitigation, how collateral matters may be used, and for limiting the use of particular evidence; the court referred to Wright when addressing appropriateness of reliance on certain facts and on the rule in Pamplin. |
| Bates v Rubython [2025] EWHC 2706 (KB) |
Recent summary of rules on what defendants may adduce to show claimant had a bad reputation (including limits and sources of admissible evidence). |
Quoted in the opinion as an illustrative recent summary of the applicable rules governing defendants' reliance on evidence that a claimant had a bad reputation. |
| Scott v Sampson (1887) 8 QBD 491 |
Authority that a defendant may adduce evidence that a claimant has a general bad reputation in a relevant sector; also supports exclusion of rumours and specific acts for proving general reputation. |
Cited in the survey of long-established rules limiting what may be relied upon to show pre-existing bad reputation; the court reiterated those limits and faulted reliance upon specific items of conduct as though they proved general reputation. |
| Plato Films Ltd v Speidel [1961] AC 1090 |
Evidence as to general reputation should come from those who know the claimant and have dealt with him; limits on use of particular instances. |
Cited as authority for the proper method of proving general reputation and for the proposition that particular acts are not admissible to prove general bad character; the court emphasised adherence to this rule. |
| Peros v Nationwide News Pty Ltd [2024] QSC 192 |
Observation that one may plead and prove a settled bad reputation in the community at large. |
Quoted to indicate that existing authority recognizes the possibility of proving settled bad reputation across a wider community; discussed in assessing the limits of admissible evidence. |
| Napag Trading Ltd v Gedi Gruppo Editoriale S p A [2020] EWHC 1763 (QB) |
Consideration of isolating the harm caused by the publication and the role of third-party publications in causation analysis. |
Used as part of the body of authorities on how to address claims that third-party publications causally explain reputational consequences; cited in the court's review of relevant first-instance decisions. |
| Burstein v Times Newspapers Ltd [2001] 1 WLR 479 |
Permits reliance on contextual background (now described as "Burstein material") relevant to the meaning and effect of the publication. |
Cited to identify permissible types of mitigation that relate to background context rather than prohibited reliance on other publications as proof of existing bad reputation. |
| Pamplin v Express Newspapers Ltd [1988] 1 WLR 116 |
The "Pamplin" rule: the claimant should not be awarded damages for injury to a reputation which is not deserved; background facts proven on other issues may be taken into account in assessing damages. |
Discussed as part of the catalogue of ways in which a defendant may seek mitigation of damages and how factual findings on truth or context may influence quantum but not the serious harm threshold directly. |
| Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21; [2025] AC 945 |
Reaffirmed the continued potency of the Dingle rule as a common law principle. |
Cited to show that the Dingle rule remains authoritative and to support the court's conclusion that the first-instance judge was wrong to rely on third-party publications to infer a pre-existing bad reputation. |
| Banks v Cadwalladr [2023] EWCA Civ 219; [2023] KB 524 |
Illustration of Lachaux application and the application of Dingle in the context of the serious harm requirement. |
Referred to as an example of subsequent application of Lachaux and Dingle in a serious-harm context; used to show consistent judicial treatment. |
| Morgan v Associated Newspapers Ltd [2018] EWHC 1725 (QB) |
Discussion of how expressions of opinion may still be reputationally harmful and how to treat opinion in s.1(1) assessments. |
Cited by the Appellant in argument and considered by the court when evaluating the judge's approach to fact/opinion distinctions and their effect on reputational impact. |
| Sube v News Group Newspapers Ltd [2018] EWHC 1234 (QB) |
Reflection on when expressions of opinion will or will not have a tendency to cause serious reputational harm. |
Quoted in support of the proposition that context and presentation affect the capacity of opinion to cause serious harm; the court endorsed aspects of that approach. |
| Singh v British Chiropractic Association [2010] EWCA Civ 350; [2011] 1 WLR 133 |
Authority discussing differing reputational impact of opinion versus factual assertion. |
Referenced as part of the authorities confirming that an opinion can be less or more reputationally harmful depending on context; used to support the court's view that the judge could take opinion status into account. |
| Riches v News Group Newspapers Ltd [1986] QB 256 |
Example where a court may find a publication inherently incredible such that it attracts little reputational impact. |
Cited to show the limited class of cases where claimants might need to prove that readers believed the single meaning; the court found this case not to be of that exceptional kind. |
| Oriental Daily Publisher Ltd v Ming Pao Holdings Ltd [2013] EMLR 7 |
Another example on how inherently outlandish allegations may be treated for belief and harm issues. |
Used to illustrate the limited circumstances in which a claimant must additionally prove readers believed a meaning; the court concluded the instant case was not such an example. |
| Amersi v Leslie [2023] EWHC 1368 (KB) |
Recent summary of jurisprudence on the serious harm test and the need for an evidential approach to inferential cases. |
Quotations from Amersi were relied upon by the judge below and considered by the Court of Appeal when reviewing whether the first-instance judge applied an evidential and balanced approach. |
| Miller & Power v Turner [2023] EWHC 2799 (KB) |
Emphasis on the prominence of causation language in s.1(1) and the need to consider evidence contrary to an imputation. |
Quoted to support the proposition that causation evidence is central to the s.1(1) inquiry and that a balanced assessment is required. |
| Cooke v MGN Ltd [2015] 1 WLR 895 |
Observation that being labelled a paedophile is an allegation the likelihood of serious harm from which is plain. |
Cited to underscore the gravity of the imputations at issue and to support the view that an allegation of paedophilia is an inherently serious imputation likely to cause serious harm. |
| Henderson v Foxworth; Fage UK Ltd v Chobani Ltd; Re Sprintroom Ltd; Volpi v Volpi |
Authorities cited to emphasise appellate restraint when reviewing findings of fact by a trial judge. |
Referred to when describing the standard of review and the caution required by appellate courts when considering challenges to factual or evaluative judgments. |
| Gatley on Libel and Slander (textbook) |
Textbook authority summarising rules on what evidence may be used to prove pre-existing bad reputation and related matters. |
Cited as part of the legal background summarising constraints on defendants seeking to rely on evidence of bad reputation and on the admissibility of particular types of evidence. |