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): Mr Bean rules on the Defamation Act - the first case heard in QBD:

"28. The Act only applies to defamation claims where the cause of action has arisen since the beginning of 2014. Mr Tomlinson and Mr Price tell me this is the first case in which the interpretation of the Act has come before the courts.

29. There was originally a suggestion in correspondence that Midland Heart are a "body that trades for profit" and that therefore by virtue of s 1(2) they could only succeed if they showed that the publication has caused or was likely to cause serious financial loss. However, by the time the issues to be tried by me were formulated the parties were agreed that s 1(2) does not apply in the present case, although its terms are arguably of some assistance in construing s 1(1).

30. It is common ground that s 1(1) requires a claimant to show that serious harm has been caused or is likely to be caused to his reputation. It is not enough to show that the publication has caused or is likely to cause serious distress or injury to feelings." 'via Blog this'