BHX v GRX & Anor [2021] EWHC 770 (QB) (29 March 2021)

BHX v GRX & Anor [2021] EWHC 770 (QB) (29 March 2021)

The claimant's pleadings fail to disclose reasonable causes of action for defamation, malicious falsehood, misuse of private information, and harassment. The only adequately pleaded publication (the 8 June 2018 text message) does not meet the threshold for serious harm under s.1 Defamation Act 2013, nor does it support a claim for malicious falsehood or harassment. Statements made in legal proceedings are protected by absolute immunity. The claims are struck out and dismissed under CPR 3.4(2)(a) and CPR 24.2.

Citation
[2021] EWHC 770
Parties
Claimant: BHX; First Defendant: GRX; Second Defendant: GRU
Jurisdiction
England and Wales
Judgment Date
29 March 2021
Procedural Posture
Civil (media and Communications) / Strike Out/summary Judgment Application
Outcome
Claim struck out and dismissed in its entirety.
Legal Topics
Defamation Act 2013, Misuse of Private Information, Protection From Harassment Act 1997, Immunity From Suit, Malicious Falsehood, Family Proceedings, Civil Procedure Rules
Defamation Privacy Harassment Malicious Falsehood Defamation Act 2013 Misuse of Private Information Protection From Harassment Act 1997 Immunity From Suit +2 more

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Parties

BHX

Claimant

GRX

First Defendant

GRU

Second Defendant

Procedural Posture

Civil (media and Communications) / Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether the claimant's pleadings disclose reasonable causes of action for defamation, malicious falsehood, misuse of private information, and harassment; whether the claims are barred by immunity from suit; whether the pleadings meet the requirements for specificity and seriousness under relevant statutes; whether the conduct alleged amounts to actionable harassment.

Ratio Decidendi

The claimant's pleadings fail to disclose reasonable causes of action for defamation, malicious falsehood, misuse of private information, and harassment. The only adequately pleaded publication (the 8 June 2018 text message) does not meet the threshold for serious harm under s.1 Defamation Act 2013, nor does it support a claim for malicious falsehood or harassment. Statements made in legal proceedings are protected by absolute immunity. The claims are struck out and dismissed under CPR 3.4(2)(a) and CPR 24.2.

Court Disposition

Claim struck out and dismissed in its entirety.

Orders

  • All claims by the claimant are struck out and dismissed under CPR 3.4(2)(a) and CPR 24.2.
  • Reporting restrictions and anonymisation of parties to remain in force.