Victory for the Standard in libel case over ex-MP's expenses letter

Defeated: Jacqui Lait had her case thrown out
12 April 2012

The Standard has won a second major libel victory in the High Court over former Tory MP Jacqui Lait.

A senior judge rejected her claim to have been defamed and ruled that the newspaper's defence of "fair comment" was "bound to succeed".

He also ordered that the former MP for Beckenham, who stood down at the last general election, must pay legal costs. Ms Lait claimed she had been libelled by an article published in November last year about the Kelly report into reforming MPs' expenses.

It referred to concerns among women MPs about scrapping the right to claim on second homes for those in reasonable commuting distance of Westminster. It named five MPs, including Ms Lait, who stated in a letter to The Times that the proposals would "discourage women" from joining the Commons and expose MPs "to unnecessary risk".

The Standard article stated: "However, the criticism may risk the ire of some. Ms Lait claimed large sums to travel to her family home in Sussex, even though her constituency home was 11 miles from Westminster.

"She was forced to pay back nearly £25,000 after it emerged she had made a major capital gain on the sale of a home funded by the taxpayer."

In fact, Ms Lait had not been forced to pay back a capital gain and the newspaper published an agreed correction. However, she issued proceedings for libel, stating that her conduct in respect of parliamentary expenses was "beyond any sensible reproach".

The Standard defended its article as fair comment on a matter of public interest, pointing out that although Ms Lait's constituency home was in Beckenham, she used the expenses system to claim large sums for travel to and from her family home in Sussex.

At the same time, she claimed a five-figure sum for interest on a mortgage for a flat in her constituency, and substantial expenses to furnish it. She also mistakenly over-claimed £7,000 in mortgage interest before repaying it without interest. She has since made a six-figure capital gain through the taxpayer-funded mortgage on her second home, and has no plans to repay it.

Earlier this year initial claims to support her allegation were struck out by Mr Justice Eady. She was given permission to submit an amended document, but her second attempt has now also been struck out.

Mr Justice Eady ruled that any jury would be bound to decide that it was fair comment to say the MP's letter may risk the ire of some. In the light of that, no jury could award her damages even if it concluded that the article also suggested her letter was hypocritical.

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