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Queen's Bench Guide

8. Defamation Claims

Defamation claims are governed by Part 53 and the Part 53 Practice Direction. Paragraph 2 of the Practice Direction sets out the information which should be included in a statement of case.

8.1  Offer to make amends

8.1.1 Under section 2 of the Defamation Act 1996 a person who has published a statement alleged to be defamatory of another may offer to make amends ("a section 2 offer"). The section 2 offer must;

1. be in writing,
2. be expressed to be an offer to make amends under section 2 of the Act, and
3. state whether it is a qualified offer, and if so, set out the defamatory meaning in relation to which it is made.

 A section 2 offer is an offer;

1. to make a suitable correction of the statement complained of and sufficient apology,
2. to publish the correction and apology in a manner that is reasonable and practicable in the circumstances, and
3. to pay to the aggrieved party compensation (if any) and costs as may be agreed or determined to be payable.

8.1.2 Where a section 2 offer is accepted by an aggrieved person s/he may not bring or continue defamation proceedings against the person making the offer, but s/he may apply to the court under section 3 of the Act for an order that the other party fulfil his/her offer by taking the agreed steps. If the parties are unable to agree the amount of compensation or costs, the aggrieved party may apply to the court for the amount to be decided.  (See para. 3 of the Defamation Practice Direction (Part 53)).

8.1.3 In the event that the parties are unable to agree on the steps to be taken, the person making the offer may take such steps as s/he thinks appropriate, including making an application for the court's approval of the terms of a statement to be read in Court containing a correction and apology. s/he may also give an undertaking to the court as to the manner of their publication.

8.1.4 In existing proceedings the above applications may be made in accordance with Part 23, otherwise a Part 8 Claim Form should be issued. The application or claim must be supported by written evidence as set out in the Part 53 Practice Direction at paragraph 3.3, and should be made to a Master. If the application or claim involves the court's approval for a statement to be read in Court, it should be made to the Senior Master. The Claim Form or application notice should be issued or filed in the Masters' Support Unit, Room E16.

8.2   Ruling on meaning

8.2.1 An application for an order determining whether or not a statement complained of is capable of;

1. having any meaning or meanings attributed to it in a statement of case,
2. being defamatory of the claimant, or
3. bearing any other meaning defamatory of the claimant,

should be made in accordance with Part 23 and may be made at any time after service of the particulars of claim. Paragraphs 4.3 and 4.4 or the Practice Direction state the information which must be included in the application notice and evidence in support.

8.2.2 The application notice should be filed in the Listing Office, Room WG8, for hearing by the Judge in charge of the Jury list, or another designated Judge.

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8.3  Summary disposal

8.3.1 Section 8 of the Act gives the court power to dispose summarily of the claimant's claim. The court may;

1. dismiss the claim if it appears that it has no realistic prospect of success and there is no reason why it should be tried, or
2. give judgment for the claimant and grant him summary relief.

8.3.2 Summary relief includes the following;

1. a declaration that the statement was false and defamatory of the claimant,
2. an order that the defendant publish or cause to be published a suitable correction and apology,
3. damages not exceeding £10,000, 
4. an order restraining the defendant from publishing or further publishing the matter complained of.

8.3.3   Applications for summary disposal are dealt with in Rule 53.2 and paragraphs 5.1 to 5.3 of the Part 53 Practice Direction. Substantial claims and those involving the Police authorities or the Media or those seeking an order restraining publication will be dealt with by the Judge in charge of the Jury list or another designated Judge, and the application notice should be filed in the Listing Office, Room WG8. Applications for summary disposal in other defamation claims may be made at first instance to a Master.

8.3.4 An application notice for summary disposal must state;

1. that it is an application for summary disposal made in accordance with section 8 of the Act,
2. the matters set out in paragraph 2(3) of the Part 24 Practice Direction, and
3. whether or not the defendant has made an offer to make amends under section 2 of the Act, and whether or not it has been withdrawn.

The application may be made at any time after service of the particulars of claim and the provisions of Rule 24.4(1)(a) and (b) do not apply.

8.3.5 Where the court has made an order for summary relief as in 12.7.9(2) above (specifying the date by which the parties should agree the content, time, manner, form and place of publication of the correction and apology) and the parties are unable to comply within the specified time, the claimant must prepare a summary of the court's judgment and serve it on the other parties within 3 days following the date specified in the order for the content to be agreed by the parties.

8.3.6 If the parties are unable to agree the summary, they must within 3 days of its receipt, apply to the court by;

1. filing an application notice, and
2. filing and serving on all the other parties a copy of the summary showing the revisions they wish to make to it.

The court (normally the Judge who delivered the judgment) will then settle the summary.

8.4  Statements read in Court

8.4.1 Paragraph 6 of the Practice Direction only applies where a party wishes to accept a Part 36 offer, Part 36 payment or other offer of settlement.

8.4.2 An application for permission to make the statement before a Judge in Court may be made before or after acceptance of the Part 36 offer, Part 36 payment or other offer to settle, and should be made in accordance with Part 23 to the Senior Master, or if s/he is not available, to the Practice Master. The application notice, together with a copy of the statement, should be filed in the Masters' Support Unit, Room E16.

8.4.3 Where permission has been given, the parties may take a copy of the order to the Listing Office, Room WG8 for the matter to be listed before the Judge in charge of the Jury List for mention. Otherwise, the Action Department will send the court file to the Listing Office for the matter to be listed.