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 pleaded are struck out for lack of clarity, particularity, and coherence. Allegations of corruption and improper influence must be pleaded with specificity and factual basis, not by association, repetition, or vague insinuation. The court cannot order disclosure of the defendant's financial means for costs recovery.

Citation
[2011] EWHC 292 (QB)
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 / Application to Strike Out Defences of Justification and Fair Comment
Outcome
Defences of justification and fair comment struck out; application for disclosure of financial means 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

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lord Ashcroft KCMG

Claimant

Stephen Foley

First Defendant

Independent News & Media Limited

Second Defendant

Roger Alton

Third Defendant

Procedural Posture

Libel Action / Application to Strike Out Defences of Justification and Fair Comment

Legal Issues

  1. 1 Whether the defences of justification and fair comment are sufficiently pleaded
  2. 2 Whether the particulars of justification and comment provide clarity and particularity required by law
  3. 3 Whether references to associations, links, and reports are legitimate in a plea of justification

Ratio Decidendi

The defences of justification and fair comment as pleaded are struck out for lack of clarity, particularity, and coherence. Allegations of corruption and improper influence must be pleaded with specificity and factual basis, not by association, repetition, or vague insinuation. The court cannot order disclosure of the defendant's financial means for costs recovery.

Court Disposition

Defences of justification and fair comment struck out; application for disclosure of financial means refused.

Orders

  • Defendants' current pleas of justification and fair comment struck out.
  • Defendants permitted to reformulate their defences with appropriate clarity.