Miller v Associated Newspapers Ltd [2012] EWHC 3721 (QB), [2013] All ER (D) 15 (Jan)
If a defendant was to succeed in a defence of justification, it had to justify what was commonly referred to as a Chase level 2 meaning (reasonable grounds to suspect guilt).The principles as to the evidence it was open to a defendant to adduce in support of a Chase level 2 meaning (Chase v News Group Newspapers [2002] All ER (D) 20 (Dec)) were, inter alia: (i) it was necessary to plead (and ultimately prove) the primary facts and matters giving rise to reasonable grounds of suspicion objectively judged; (ii) it was impermissible to plead as a primary fact the proposition that some person or persons announced, suspected or believed the claimant to be guilty; (iii) generally, it was necessary to plead allegations of fact tending to show that it had been some conduct on the claimant’s part that had given rise to the grounds of suspicion; (iv) strong circumstantial evidence would itself contribute to reasonable grounds for suspicion; (v) it was not permitted to rely upon post-publication events in
