Goldman v Li & Anor [2001] EWCA Civ 1148 (15 June 2001)

Goldman v Li & Anor [2001] EWCA Civ 1148 (15 June 2001)

There was no evidence capable of proving publication of the alleged defamatory statements to Mr Bains. The claimant failed to discharge the burden of proof, and the action was properly struck out.

Citation
[2001] EWCA Civ 1148
Parties
Claimant/applicant: Leon Goldman; Defendant/respondent: Stephen Li; Defendant/respondent: Enfield & Haringey Health Authority
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment Striking Out Libel Actions
Outcome
Application for permission to appeal dismissed; action against Mr Bains struck out; permission to amend pleadings granted.
Legal Topics
Libel, Publication, Burden of Proof, Qualified Privilege, Strike Out Applications, Admissions in Pleadings
Defamation Employment Law Civil Procedure Libel Publication Burden of Proof Qualified Privilege Strike Out Applications +1 more

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Parties

Leon Goldman

Claimant/applicant

Stephen Li

Defendant/respondent

Enfield & Haringey Health Authority

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment Striking Out Libel Actions

Legal Issues

  1. 1 Whether there was evidence of publication of defamatory statements to Mr Bains
  2. 2 Whether the action should be struck out for lack of evidence of publication
  3. 3 Whether admissions of publication in pleadings should be struck out

Ratio Decidendi

There was no evidence capable of proving publication of the alleged defamatory statements to Mr Bains. The claimant failed to discharge the burden of proof, and the action was properly struck out.

Court Disposition

Application for permission to appeal dismissed; action against Mr Bains struck out; permission to amend pleadings granted.

Orders

  • Application for permission to appeal dismissed
  • Action against Mr Bains struck out