Wagatha Christie: Truth, The Public Interest, And Inferential Fact Finding (Vardy v Rooney)

• Published date: 22 August 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Libel & Defamation
• Law Firm: Gatehouse Chambers
• Author: Lauren Godfrey

The trial of the case between Rebecca Vardy and Coleen Rooney finally reached a conclusion (save as to costs) after a 7-day trial which was reported widely in the media.

Mrs Justice Steyn (the "Judge") dismissed the claim in a closed reasoned judgment, which read something like a true crime Agatha Christie novel.

The Judge preferred Mrs Rooney's evidence to that of Mrs Vardy, drawing inferences that Mrs Vardy was largely responsible for leaking information from Mrs Rooney's private Instagram account to the Sun Newspaper. While the conduit for the information was Mrs Vardy's agent (Ms Watt), the Judge rejected "a thesis that Ms Watt was acting alone, without Ms Vardy's knowledge, consent or approval".

Therefore, Mrs Rooney was successful in her truth defence, in that her imputation was found to be substantially true. Her alternate defence relying on the public interest was unsuccessful as her belief in the public interest was genuine but was not reasonable in the circumstances.

Vardy v Rooney and another [2022] EWHC 2017 (QB)

What are the practical implications of this case?

The case will be of interest as a practical application of the truth defence and for the Judge's finding that the public interest defence failed.

Further, the case shows the availability of inferential fact finding where:

• There is a lack of primary evidence or where evidence has been deliberately lost or destroyed.
• Journalists have applied to set aside witness summons and disclosure orders relying on source protection: see section 10 of the Contempt of Court Act 1981 and where waivers of source protection under the same section have been given (Mrs Vardy) or given and withdrawn (Ms Watt).
• The failure of Mrs Vardy to witness summon her "close friend and agent", Ms Watt, who was on any accounting a key witness in the case. Instead, Mrs Vardy attempted to rely on Ms Watt's witness statement for trial as a hearsay statement.
• A course of dealing with the press including a significant relationship between a celebrity and particular tabloid title.

What was the background?

The factual background of this case has been well-rehearsed in the mainstream press.

However, in summary, Mrs Rooney was concerned that stories from her personal and private Instagram account were being leaked to the Sun newspaper. She concocted a number of stories and posted them but to only Mrs Vardy's account as she suspected Mrs Vardy of being behind the leaks. Significantly, the stories posted to Mrs Vardy's account...