Nancy Dell'Olio v Associated Newspapers Ltd
| Jurisdiction | England & Wales |
| Judge | Mr Justice Tugendhat : |
| Judgment Date | 20 December 2011 |
| Neutral Citation | [2011] EWHC 3472 (QB) |
| Court | Queen's Bench Division |
| Docket Number | Case No: HQ11D02797 |
| Date | 20 December 2011 |
[2011] EWHC 3472 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
The Honourable Mr Justice Tugendhat
Case No: HQ11D02797
William Bennett (instructed by Collyer Bristow) for the Claimant
Mark Warby QC (instructed by Reynolds Porter Chamberlain) for the Defendant
Hearing dates: 21 December 2011
This is an application by the Defendant ("ANL") for a ruling pursuant to CPR PD53 para 4.1(1) that the words complained of in this libel action are not capable of bearing the meaning attributed to them by the Claimant in her Particulars of Claim, nor any other meaning defamatory of her. If that application is successful, ANL ask for an order that the action be dismissed.
The words complained of were published in the issue of the Daily Mail dated 30 April 2011 in a double page spread on pages 50 and 51, and online. The Claimant describes herself as a well known Italian lawyer. The words complained of are part of an article made up of 49 paragraphs. The words complained of are in paras that have been numbered for convenience 1–11, and 23–39. They include a heading "RETURN OF THE MAN-EATER" and a sub-heading "A conveniently leaked story, staged photos and two women at war over a much older man. It can only mean Nancy Dell'Olio's got her claws into ANOTHER high-profile millionaire". They read as follows:
"[1] For a man who looks like a scruffy geography teacher, Sir Trevor Nunn certainly has a way with the ladies. How else can one explain his ability to juggle two alluring younger women, each two decades his junior and as different as chalk and cheese?
"[2] There he was on Monday morning, basking in the Cornish sun, with the unmistakable figure of Nancy Dell'Olio by his side posing for the cameras in knee-high boots and aviator sunglasses."
[3] The unlikely couple were out again the following night for dinner in London's Knightsbridge, Sir Trevor in his trademark battered plimsolls while his heavily made-up companion teamed a pair of strappy wedge heels with some seriously bling costume jewellery.
[4] The next morning, however, the 71-year-old theatre director was in his dressing gown on the doorstep of his London home chatting happily with another woman: his wife, Imogen Stubbs.
[4] What a difference 12 hours makes.
[5] It is hard to imagine Nancy appearing in public, as Imogen did on Wednesday morning, in a scruffy pair of pyjamas, sans make-up, and with un-brushed hair.
[6] Yet the contrast between the two women in Sir Trevor's life runs far deeper than mere aesthetics. On one hand there is the renowned classical actress Imogen, 50, the daughter of a retired naval commander, with her double first in English from Oxford.
[7] On the other is Italian firebrand Nancy, a controversial 49 (no birth certificate has ever been located), once a lawyer but now known almost exclusively for her tempestuous relationship with Sven Goran Eriksson, the former England football manager.
[8] Somehow, Sir Trevor, described as a 'charming flirt' is managing to keep both of them happy, yet for how much longer remains to be seen. For at the heart of this extraordinary ménage a trois lies a fundamental problem: the women can't stand the sight of each other, with each determined to oust the other.
[9] It goes some way towards explaining Imogen's inconsistent statements this week. In 24 hours she went from insisting that she and her husband were very much together, though admitting they were going through 'a difficult time', to stating that they were separating 'after 21 wonderful years together'.
[10] So why the sudden change of tune?
[11] The truth, I have learned from a close friend of Nancy's, is that Imogen's hand was forced by her rival's determination to make her affair with Sir Trevor public. After two months of secretly meeting at her Belgravia house, Nancy grew tired of the secrecy and decided to take action. Cue a suspiciously well-informed newspaper article lifting the lid on how Sir Trevor was 'smitten' with his Italian lover.
…
[23] 'In all honesty I think they would have carried on merrily with the same arrangement if it weren't for Nancy. She's landed in the middle of them like a hand grenade, threatening to blow everything apart.'
[24] Certainly it is hard to imagine a more different woman from Imogen, yet in recent months Sir Trevor has developed something of an obsession with the raven-haired Italian.
(Photograph of the Claimant with Sven-Goran Eriksson followed by the following caption): Nancy's former millionaire: dell'Olio with old flame Sven-Goran Eriksson during his time as England manager
[25] They first met in 2004 when Nancy attended a production of Hamlet at the Old Vic theatre. She was still in a relationship with Sven Goran Eriksson at the time, and it was not until last year that she renewed her acquaintance with Sir Trevor.
[26] Nancy's circle are adamant that it was Sir Trevor who 'vigorously' pursued her after they bumped into each other at the Ivy Club—a private member's club above the famous Ivy restaurant, on a number of occasions earlier this year. He invited her to join his table, bought her champagne and a flirtation unfolded over a period of several months.
[27] Initially, Nancy was far from convinced, but gradually declared herself to be 'enchanted' with his 'intelligence and old school manners—plus the fact that he is very generous'.
[28] No small matter for a woman who had become accustomed to the finer things in life through her relationship with the well-remunerated former manager of the England football team. This is a woman who dresses exclusively in designer clothes and eschews taxis in favour of a chauffeur-driven Bentley, despite having no obvious source of income.
[29] 'Sir Trevor would never let her pay for anything, and Nancy is very old fashioned in her attitude to that sort of thing,' one of her closest friends told me this week. It was a slow-burn flirtation but he loves her Geisha-like way of making him the centre of her attention at all times. I get the impression that's not really Imogen's style.
[30] 'They would always meet up at the Ivy Club because it's a discreet place for celebrities to hang out without attracting attention. 'Then after a couple of months the relationship moved on to the next level and they started meeting at her place although he was still very nervous about going public.
[31] 'Nancy isn't like that. When she's with someone then she is completely committed, and she was never going to be happy about being hidden away. 'It's no secret that her friends leaked the story with her consent and it suits Nancy down to the ground that it's all out in the open now.'
[32] Sir Trevor, who has been entitled to draw an old-age pension for six years, is a laid-back character and was happy to take his new relationship slowly. Yet last weekend he bowed to growing pressure from Nancy and introduced her to a group of friends during a bank holiday break at his £750,000 cliff-top holiday cottage in Cornwall.
[33] One can only wonder how she fits in with his theatrical cronies—the likes of Kevin Spacey, Sir Tom Stoppard and Dame Judi Dench, with whom he dines regularly when in London.
[34] But as was seen during her relationship with the perpetually philandering Sven, Nancy is nothing if not committed.
[35] 'Anyone who knows the real Nancy will tell you she's looking for a happy ever after,' adds the friend. 'She desperately wants to settle down. Trevor's age doesn't worry her in the slightest. It's the power of a man which attracts her, and he is a huge figure in British theatre. 'Don't be fooled by his scruffy exterior, either. We're talking about a man who dyes his hair and his beard—he doesn't want to grow old gracefully any more than Nancy does.
[36] 'Plus it doesn't do any harm that he's got a healthy bank balance. As far as Nancy is concerned Trevor is definitely a "keeper", though by the sound of things Imogen isn't particularly thrilled about it.' Their whirlwind romance continued apace on Thursday night when they were, again, spotted enjoying an intimate dinner at the Ivy Club.
[37] Fellow diners reported that Nancy was eagerly introducing her new man to every passing acquaintance, while Sir Trevor sat stroking her leg for much of the evening.
[38] 'They certainly weren't hiding their light under a bushel,' remarked one highly amused observer. 'It was like watching a couple of smitten 18-year-olds in action. Bordering on inappropriate at times.'
[39] No wonder that Imogen who, earlier this week said she was 'happy about any new friendships [Sir Trevor] is forming', is privately understood to be bewildered by his dalliance with a woman so far removed from the intellectuals he normally associates with, as well as being deeply concerned about how the relationship will affect their children.
…"
The meaning attributed to the words complained of by the Claimant is:
"In their natural and ordinary meaning the words complained of meant and were understood to mean that the Claimant is, or is reasonably suspected of being, a serial gold-digger who cynically seeks out relationships with men nor for genuine emotional reasons but because they are millionaires and therefore capable of funding her conspicuously lavish and ostentatious lifestyle".
THE LAW
The Practice Direction PD53 para 4.1 reads:
"At any time the court may decide—
(1) whether a statement complained of is capable of having any meaning attributed to it in a statement of case;
(2) whether the statement is capable of being defamatory of the claimant;
(3) whether the statement is capable of bearing any other meaning defamatory of the claimant."
In Modi v Clarke at para [23] the Court of Appeal stated:
"As the court must under CPR PD 53 para 4.1 consider not only the pleaded meaning but...
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