Naschie v Macmillan Publishers Ltd (t/a Nature Publishing Group) & Anor

Naschie v Macmillan Publishers Ltd (t/a Nature Publishing Group) & Anor

Irrelevant, speculative, and incoherent passages in the Claimant's reply are struck out; claim for special damages is struck out for lack of evidence; specified topics and evidence are excluded from trial; Claimant is ordered to provide further information and clarification on peer-review, administration, website inaccuracies, and use of fictitious names; extension granted for Defendants' expert reports.

Parties
Claimant: Professor Mohamed El Naschie; First Defendant: Macmillan Publishers Limited (Trading as Nature Publishing Group); Second Defendant: Quirin Eugen Alfred Schiermeier
Jurisdiction
England and Wales
Judgment Date
10 June 2011
Procedural Posture
Libel / Pre Trial Interlocutory Applications
Outcome
Applications granted in substantial part.
Legal Topics
Justification Defence, Disclosure, Summary Judgment, Case Management, Aggravated Damages
Defamation Civil Procedure Justification Defence Disclosure Summary Judgment Case Management Aggravated Damages

Case Brief

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Parties

Professor Mohamed El Naschie

Claimant

Macmillan Publishers Limited (Trading as Nature Publishing Group)

First Defendant

Quirin Eugen Alfred Schiermeier

Second Defendant

Procedural Posture

Libel / Pre Trial Interlocutory Applications

Legal Issues

  1. 1 Whether passages in the Claimant's reply should be struck out as irrelevant or speculative
  2. 2 Whether the claim for special damages should be struck out for lack of evidence
  3. 3 Whether certain topics and evidence should be excluded from trial

Ratio Decidendi

Irrelevant, speculative, and incoherent passages in the Claimant's reply are struck out; claim for special damages is struck out for lack of evidence; specified topics and evidence are excluded from trial; Claimant is ordered to provide further information and clarification on peer-review, administration, website inaccuracies, and use of fictitious names; extension granted for Defendants' expert reports.

Court Disposition

Applications granted in substantial part.

Orders

  • Irrelevant and speculative passages in Claimant's reply struck out.
  • Claim for special damages struck out; Claimant confined to general damages.