Opera review

Associated Newspapers Ltd v Burstein [2007] EWCA Civ 600; SJ 29 June

The respondent was the composer and co-librettist of an opera about suicide bombers performed at the Edinburgh Festival. He claimed that the appellant’s review of the opera in its newspaper was defamatory and the review misdescribed the content of the opera. The appellant’s application for summary judgment dismissing the claim was refused by the judge because he could not be sufficiently certain that the defence of fair comment would succeed. The Court of Appeal had no such doubts. It was firmly of the view that only one answer was available to any reasonable jury and that the defence of fair comment had to succeed. In these circumstances, it was the court’s duty to so rule. The words complained of did amount to fair comment on a matter of public interest and were not capable of being held to be outside the scope of that defence. The appellant was entitled to summary judgment.