Henderson v London Borough of Hackney & Anor [2010] EWHC 1651 (QB) (05 July 2010)

Henderson v London Borough of Hackney & Anor [2010] EWHC 1651 (QB) (05 July 2010)

The particulars of malice were insufficient and unsupported by specific facts; there was no realistic prospect of defeating the defence of qualified privilege. The defence of justification should not be struck out at this stage as there was evidence that could potentially support it at trial. The claim was struck out and dismissed.

Citation
[2010] EWHC 1651 (QB)
Parties
Claimant: Claire Henderson; First Defendant: The London Borough of Hackney; Second Defendant: The Learning Trust
Jurisdiction
England and Wales
Judgment Date
05 July 2010
Procedural Posture
Libel Action / Application for Summary Judgment and Strike Out
Outcome
Claim struck out and dismissed
Legal Topics
Libel, Qualified Privilege, Justification, Malice, Sexual Harassment, Employment Dismissal, Statutory Reporting Duties
Defamation Employment Law Education Law Libel Qualified Privilege Justification Malice Sexual Harassment +2 more

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Parties

Claire Henderson

Claimant

The London Borough of Hackney

First Defendant

The Learning Trust

Second Defendant

Procedural Posture

Libel Action / Application for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the words complained of were defamatory and untrue as to sexual harassment
  2. 2 Whether the defence of justification should be struck out
  3. 3 Whether the defence of qualified privilege applies and can be defeated by malice

Ratio Decidendi

The particulars of malice were insufficient and unsupported by specific facts; there was no realistic prospect of defeating the defence of qualified privilege. The defence of justification should not be struck out at this stage as there was evidence that could potentially support it at trial. The claim was struck out and dismissed.

Court Disposition

Claim struck out and dismissed

Orders

  • Particulars of claim struck out
  • Action dismissed