Thursday, September 26, 2019
Norman v Future Publishing Limited Essay Example | Topics and Well Written Essays - 1500 words
Norman v Future Publishing Limited - Essay Example The appellantââ¬â¢s original complaint went as stated in the originating Statement of Claim went on to allege that the publication of the words used had the result of placing the appellant into ââ¬Å"ridicule, mockery and contempt.â⬠à à It was also alleged that the words used in the publication had caused serious injury to the appellantââ¬â¢s ââ¬Å"personal and professional reputation and in any event to her feelings.â⬠à Lord Buckley, the judge at first instance struck out Normanââ¬â¢s Statement of Claim, essentially ruling that the words used, when taking together with the entire article could not be construed in the manner pleaded by Norman.à Norman then appealed to the Court of Appeal against the lower courtââ¬â¢s decision under Order 82, Rule 3A of the Rules of Supreme Court, 1994 which provides that any party to a defamatory action may apply to a judge in chambers for an order ââ¬Å"determining whether or not the words complained of are capabl e of bearingâ⬠certain meanings or the meanings complained on in the originating process.à The Order goes on to provide that if the judge upon hearing such an application agrees that the words complained of are not capable of ââ¬Å"bearing the meaningâ⬠alleged in the pleadings he is at liberty to ââ¬Å"dismiss the claim or make such other order as he deems just and fair. à The Court of Appeal went on to state that although appeals under this Order are typically discouraged,à when the result of the order is to dismiss the action altogether as it did in Normaââ¬â¢s case, or to take away from the jury the consideration.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.