Supreme Court Hearing – Tuesday 17 October 2023 – Fiona George v (1) Lynn Cannell and (2) LCA Jobs Ltd

In July 2022, Thomson Heath & Associates’ client, Fiona George, succeeded in her Appeal, overturning the Trial Judgment of Saini J of October 2021, in respect of her claim for malicious falsehood.

The Claimant, Ms George, sued the Defendants (Lynn Cannell and LCA Jobs Ltd), for libel, slander and malicious falsehood. The trial judge dismissed her claim for malicious falsehood as it was held that she had not proved special damage as required by common law or demonstrated that her case fell within an exception to s3(1) of the Defamation Act 1952.

On 27 July 2022, The Court of Appeal handed down its judgment. The Appeal Judges were Lord Justice Underhill, Lord Justice Snowden and Lord Justice Warby who delivered the leading judgment. The Court of Appeal ordered that the judgment of Mr Justice Saini in relation to the claim for malicious falsehood claim be set aside and directed that damages  be assessed, and remitted the case for that assessment to be carried out by a judge sitting in the High Court, Media and Communications List. The Defendants are now seeking to overturn the Court of Appeal ruling by appealing to the Supreme Court.

This Appeal is concerned with what the Claimant needs to prove to rely on s3(1) of the Defamation Act 1952 in relation to special damage.

The hearing in the Supreme Court begins tomorrow on 17 October 2023 and will last for two days. The Supreme Court case summary is linked here.

In the Supreme Court, Ms George is represented by Yinka McKay Wood, Moritz Schirmeister, James Heath and Eleanor Turnbull, instructing William Bennett KC and Godwin Busuttil of 5RB.

Read the Court of Appeal Judgment here.

Read our Commentary on the case here.

Please contact us here for any enquiries.