Lord Ashcroft KCMG v Foley & Ors [2011] EWHC 292 (QB) (18 February 2011)

Lord Ashcroft KCMG v Foley & Ors [2011] EWHC 292 (QB) (18 February 2011)

The defences of justification and fair comment as currently pleaded lack clarity, particularity, and coherence, making it impossible for the claimant to know the case he must meet. They must be struck out and reformulated with proper specificity. References to sources not relied upon are irrelevant and should be struck out. The court has no power to order disclosure of the defendant's financial status for the purpose of comfort regarding costs recovery.

Citation
[2011] EWHC 292
Parties
Claimant: Lord Ashcroft KCMG; First Defendant: Stephen Foley; Second Defendant: Independent News & Media Limited; Third Defendant: Roger Alton
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Libel Action / Interlocutory Application to Strike Out Defences
Outcome
Application granted in part; defences of justification and fair comment struck out; references to sources not relied upon struck out; application for disclosure of financial status refused.
Legal Topics
Justification, Fair Comment, Pleading Particularity, Reynolds Privilege, Security for Costs
Defamation Media Law Justification Fair Comment Pleading Particularity Reynolds Privilege Security for Costs

Case Brief

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Parties

Lord Ashcroft KCMG

Claimant

Stephen Foley

First Defendant

Independent News & Media Limited

Second Defendant

Roger Alton

Third Defendant

Procedural Posture

Libel Action / Interlocutory Application to Strike Out Defences

Legal Issues

  1. 1 Whether the defences of justification and fair comment are sufficiently pleaded to allow the case to proceed
  2. 2 Whether the particulars of justification and comment provide adequate clarity and particularity
  3. 3 Whether references to sources and financial status are relevant or permissible

Ratio Decidendi

The defences of justification and fair comment as currently pleaded lack clarity, particularity, and coherence, making it impossible for the claimant to know the case he must meet. They must be struck out and reformulated with proper specificity. References to sources not relied upon are irrelevant and should be struck out. The court has no power to order disclosure of the defendant's financial status for the purpose of comfort regarding costs recovery.

Court Disposition

Application granted in part; defences of justification and fair comment struck out; references to sources not relied upon struck out; application for disclosure of financial status refused.

Orders

  • Defences of justification and fair comment struck out with liberty to replead.
  • References to sources not relied upon struck out from the defence.