Duke v The University of Salford [2013] EWHC 196 (QB) (06 February 2013)

Duke v The University of Salford [2013] EWHC 196 (QB) (06 February 2013)

The claim was struck out as an abuse of process because the alleged defamatory statements were directed at individuals (Dr Graves and Professor Hall), not the University itself; any damage to the University's reputation was incidental and insufficient to justify the continuation of the proceedings solely in the University's name.

Citation
[2013] EWHC 196 (QB)
Parties
Appellant/defendant: Dr Gary Paul Duke; Respondent/claimant: The University of Salford
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Libel Action (defamation) / Appeal From Refusal to Strike Out Claim
Outcome
Appeal allowed; claim struck out as an abuse of process.
Legal Topics
Capacity of Universities to Sue for Libel, Abuse of Process, Jameel Principle, Corporate Defamation, Freedom of Expression
Defamation Civil Procedure Capacity of Universities to Sue for Libel Abuse of Process Jameel Principle Corporate Defamation Freedom of Expression

Case Brief

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Parties

Dr Gary Paul Duke

Appellant/defendant

The University of Salford

Respondent/claimant

Procedural Posture

Libel Action (defamation) / Appeal From Refusal to Strike Out Claim

Legal Issues

  1. 1 Can a university sue for libel?
  2. 2 Should the claim be struck out as an abuse of process under the Jameel principle?

Ratio Decidendi

The claim was struck out as an abuse of process because the alleged defamatory statements were directed at individuals (Dr Graves and Professor Hall), not the University itself; any damage to the University's reputation was incidental and insufficient to justify the continuation of the proceedings solely in the University's name.

Court Disposition

Appeal allowed; claim struck out as an abuse of process.

Orders

  • The claim by the University of Salford is struck out.