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 defamatory allegations were directed at individual administrators, not the University itself, and any damage to the University's reputation was incidental; thus, no real or substantial tort was perpetrated against the University.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr Gary Paul Duke

Appellant/defendant

The University of Salford

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Strike Out Libel 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 Jameel principles?
  3. 3 Do the words complained of refer to and defame the University or only its administrators?

Ratio Decidendi

The claim was struck out as an abuse of process because the defamatory allegations were directed at individual administrators, not the University itself, and any damage to the University's reputation was incidental; thus, no real or substantial tort was perpetrated against the University.

Court Disposition

Appeal allowed; claim struck out for Jameel abuse.

Orders

  • Action by University of Salford struck out as abuse of process.
  • No injunction granted to University.