Tuesday, 2 September 2014

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014):

"34. The 2013 Act was the product of extensive parliamentary scrutiny. A draft Bill was produced in March 2011 for public consultation and pre-legislative scrutiny by a Joint Committee of both Houses. The Joint Committee reported on the draft Bill on 19th October 2011. The Defamation Bill itself was then presented to the House of Commons on 20th May 2012 and after detailed consideration in both Houses received Royal Assent on 25th April 2013.

35. Both Mr Tomlinson and Mr Price have sought to refer to Hansard to cite remarks made in the course of the Bill's passage through Parliament, relying on Pepper v Hart [1993] AC 593. I consider that it is proper to refer to the Ministerial foreword to the draft Bill, to the Joint Committee's report on the draft Bill, and to the Explanatory Notes to the Act, to identify the mischief at which it was aimed. I also consider that the parliamentary history, and in particular any respect in which the Act differs from the original draft Bill, may be highly illuminating. It is also proper to refer to statements made by the promoters of the Bill (that is to say the sponsoring minister in each House or the proposer of any successful amendment) in order to resolve a genuine ambiguity in the Act." 'via Blog this'

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