Polanski v. Conde Nast Publications Ltd

Judgments - Polanski (Appellant) v. Condé Nast Publications Limited (Respondents)

HOUSE OF LORDS

SESSION 2004-05
[2005] UKHL 10
on appeal from: [2003] EWCA Civ 1573

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Polanski (Appellant)

v.

Condé Nast Publications Limited (Respondents)

ON

THURSDAY 10 FEBRUARY 2005

The Appellate Committee comprised:

Lord Nicholls of Birkenhead

Lord Slynn of Hadley

Lord Hope of Craighead

Baroness Hale of Richmond

Lord Carswell

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Polanski (Appellant) v. Condé Nast Publications Limited (Respondents)

[2005] UKHL 10

THE LORD NICHOLLS OF BIRKENHEAD

My Lords,

Condé Nast Publications Ltd publishes the magazine 'Vanity Fair' in this country. Roman Polanski, the celebrated film director, is suing Condé Nast for libel in respect an article included in the July 2002 edition of this magazine.

The words of which Mr Polanski complains refer to an incident said to have taken place 35 years ago. On the night of 8 August 1969 Mr Polanski's wife, the actress Sharon Tate, was murdered at their home in California USA by members of the so-called 'Manson Family'. Mr Polanski was working in London at the time. He flew to California and remained there until after his wife's funeral on 13 August 1969. On his return journey from Los Angeles to London he stopped in New York. He went to 'Elaine's' restaurant. There he met the actress Mia Farrow. That was on 27 August 1969 or thereabouts.

The July 2002 edition of 'Vanity Fair' contained a feature article about 'Elaine's'. The article included the following passage:

'"The thing about Elaine's", says Lewis Lapham, "is that nobody will allow himself to be impressed by anybody. You could say, 'I just sold 17,000 copies of my book today', and they'd ask what you did yesterday. The only time I ever saw people gasp in Elaine's was when Roman Polanski walked in just after his wife Sharon Tate had been viciously murdered by the Manson clan. I was sitting at a table with a friend of mine who had brought the most gorgeous Swedish girl you ever laid eyes on. I don't think I've ever seen a more beautiful woman. Polanski came over and asked to join us. It turned out that Polanski had been in London when the atrocity took place, and he was on his way back to Hollywood for the burial. The Swedish beauty was sitting next to me. Polanski pulled up a chair and inserted himself between us, immediately focusing his attention on the beauty, inundating her with his Polish charm. Fascinated by his performance, I watched as he slid his hand inside her thigh and began a long, honeyed spiel which ended with the promise 'And I will make another Sharon Tate out of you'".'

Mr Polanski sought a correction and apology. Condé Nast refused. Condé Nast was willing to consider for publication a letter setting out Mr Polanski's position, but its solicitors said 'our clients stand by…

Continue reading Polanski v. Conde Nast Publications Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established