Lachaux v Independent Print Ltd
Under the Defamation Act 2013, a statement is defamatory only if its publication has caused or is likely to cause serious harm to the claimant's reputation, which must be proved as a fact.
Facts
Mr Lachaux, a French aerospace engineer living in the United Arab Emirates, was the subject of several newspaper articles in England which reported allegations made by his former wife, including that he had been violent and abusive towards her, and had hidden their son's passport to prevent her from leaving the country with him. He sued the newspapers for libel. The question was what was required to satisfy section 1 of the Defamation Act 2013, which provides that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation.
Legal principle
The Supreme Court held that section 1 requires the claimant to prove, as a matter of fact, that the statement has caused or is likely to cause serious harm to his reputation, by reference to its actual impact, and not merely by reference to the inherent tendency of the words. Lord Sumption said that this changed the common law, under which damage to reputation was presumed in libel. Serious harm can be proved by evidence or by inference from the facts, such as the scale of publication and the gravity of the allegations. The judge had been entitled to find that serious harm had been caused to Mr Lachaux's reputation.
Related cases on defamation and privacy
- Berkoff v Burchill [1996] 4 All ER 1008
- Bloomberg LP v ZXC [2022] UKSC 5, [2022] AC 1158
- Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457
- Cassidy v Daily Mirror Newspapers Ltd [1929] 2 KB 331
- Derbyshire County Council v Times Newspapers Ltd [1993] AC 534
- Douglas v Hello! Ltd (No 3) [2007] UKHL 21, [2008] 1 AC 1
- Flood v Times Newspapers Ltd [2012] UKSC 11, [2012] 2 AC 273
- Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44, [2007] 1 AC 359
Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
