Lord Ashcroft KCMG v Foley & Ors

Lord Ashcroft KCMG v Foley & Ors

The defences of justification and fair comment as pleaded are unclear, incoherent, and lack the necessary particularity and factual basis required by law. They must be struck out to ensure the claimant knows the precise case to meet and to avoid muddled proceedings.

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 / Ruling on Application to Strike Out Defences of Justification and Fair Comment
Outcome
Application granted in part; defences of justification and fair comment struck out; order for disclosure of financial means refused.
Legal Topics
Justification, Fair Comment, Pleading Principles, Security for Costs, Reynolds Privilege
Defamation Media Law Civil Procedure Justification Fair Comment Pleading Principles Security for Costs Reynolds Privilege

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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 / Ruling on 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 to allow the case to proceed
  2. 2 Whether the particulars of justification and comment provide clarity and specificity required by law
  3. 3 Whether references to sources and financial means are relevant or permissible

Ratio Decidendi

The defences of justification and fair comment as pleaded are unclear, incoherent, and lack the necessary particularity and factual basis required by law. They must be struck out to ensure the claimant knows the precise case to meet and to avoid muddled proceedings.

Court Disposition

Application granted in part; defences of justification and fair comment struck out; order for disclosure of financial means refused.

Orders

  • Defences of justification and fair comment struck out.
  • References to sources in Reynolds privilege struck out.