Clarke (t/a Elumina Iberica UK) v Bain & Anor [2008] EWHC 2636 (QB) (19 November 2008)

Clarke (t/a Elumina Iberica UK) v Bain & Anor [2008] EWHC 2636 (QB) (19 November 2008)

The paragraphs relating to publications outside jurisdiction and those giving rise to separate causes of action are struck out for case management reasons; certain pleaded meanings (dishonesty, deceit) are ruled incapable of being borne by the words complained of; amendments to pleadings are refused except for deletion of paragraphs conceded by consent.

Citation
[2008] EWHC 2636 (QB)
Parties
Claimant: Kevin Clarke t/a Elumina Iberica UK; First Defendant: Lawrence D. Bain; Second Defendant: Prolink Holdings Corp
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Libel Action / Interlocutory Applications and Rulings on Meanings, Amendments, and Strike Out Requests
Outcome
Defendants' applications to strike out paragraphs 18.2, 18.3, and 18.7 succeed; Claimant's application to amend pleadings is refused except for deletion of paras 8, 9, and 10 by consent; certain pleaded meanings are ruled incapable of being borne by the words complained of; para 18.1 is not struck out.
Legal Topics
Libel, Aggravated Damages, Jurisdiction, Case Management, Meanings in Defamation, Amendment of Pleadings
Defamation Civil Procedure Libel Aggravated Damages Jurisdiction Case Management Meanings in Defamation Amendment of Pleadings

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Parties

Kevin Clarke t/a Elumina Iberica UK

Claimant

Lawrence D. Bain

First Defendant

Prolink Holdings Corp

Second Defendant

Procedural Posture

Libel Action / Interlocutory Applications and Rulings on Meanings, Amendments, and Strike Out Requests

Legal Issues

  1. 1 Whether certain publications are capable of bearing pleaded defamatory meanings
  2. 2 Whether leave should be granted to amend pleadings
  3. 3 Whether certain paragraphs should be struck out as causes of action or aggravation of damages

Ratio Decidendi

The paragraphs relating to publications outside jurisdiction and those giving rise to separate causes of action are struck out for case management reasons; certain pleaded meanings (dishonesty, deceit) are ruled incapable of being borne by the words complained of; amendments to pleadings are refused except for deletion of paragraphs conceded by consent.

Court Disposition

Defendants' applications to strike out paragraphs 18.2, 18.3, and 18.7 succeed; Claimant's application to amend pleadings is refused except for deletion of paras 8, 9, and 10 by consent; certain pleaded meanings are ruled incapable of being borne by the words complained of; para 18.1 is not struck out.

Orders

  • Paragraphs 18.2, 18.3, and 18.7 of the Particulars of Claim struck out
  • Permission to amend to insert proposed para 15.2 refused except for deletion of paras 8, 9, and 10