The High Court has given Arron Banks permission to proceed with an appeal against his libel claim loss to Carole Cadwalladr. Banks appealed the verdict on five counts, with Justice Steyn today granting appeal permission on one count she claimed has a “real prospect of success” – on whether the threshold for “serious harm” inflicted by Cadwalladr’s TED talk needed to be reassessed since Banks had previously proved it.
Banks’ QC said:
“The claimant succeeded in discharging the burden of establishing that the publication complained of had caused and was likely to cause serious harm to his reputation. At that point, it was for the defendant to demonstrate that she had a defence to the original publication and/or its continuing publication.”
Justice Steyn herself added: “I am going to grant permission. It does raise clearly an issue of law that has not been determined previously. There is a real prospect of success on that ground”…