Naschie v Macmillan Publishers Ltd (t/a Nature Publishing Group) & Anor [2011] EWHC 1468 (QB) (10 June 2011)

Naschie v Macmillan Publishers Ltd (t/a Nature Publishing Group) & Anor [2011] EWHC 1468 (QB) (10 June 2011)

Passages in the Claimant's pleadings and witness statements that are irrelevant, speculative, or incoherent must be struck out to prevent unnecessary complication and prolongation of the trial. The claim for special damages is struck out due to lack of supporting evidence. Evidence and topics not relevant to the pleaded issues are excluded from trial. The Defendants are entitled to further information and clarification necessary for their case and expert evidence.

Citation
[2011] EWHC 1468
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 Action / Interlocutory Applications Prior to Trial
Outcome
Applications granted in substantial part
Legal Topics
Libel, Disclosure, Case Management, Summary Judgment, Expert Evidence
Defamation Civil Procedure Libel Disclosure Case Management Summary Judgment Expert Evidence

Case Brief

Summary, issues, holding and outcome

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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 Action / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether certain passages in the Claimant's pleadings and witness statements 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 as irrelevant or inadmissible

Ratio Decidendi

Passages in the Claimant's pleadings and witness statements that are irrelevant, speculative, or incoherent must be struck out to prevent unnecessary complication and prolongation of the trial. The claim for special damages is struck out due to lack of supporting evidence. Evidence and topics not relevant to the pleaded issues are excluded from trial. The Defendants are entitled to further information and clarification necessary for their case and expert evidence.

Court Disposition

Applications granted in substantial part

Orders

  • Passages in the Claimant's pleadings and witness statements identified as irrelevant or speculative are struck out.
  • Claim for special damages is struck out; Claimant confined to general damages.