Kim v Park & Ors [2011] EWHC 1781 (QB) (08 July 2011)

Kim v Park & Ors [2011] EWHC 1781 (QB) (08 July 2011)

The Master erred in striking out the claim without giving the claimant an opportunity to rectify the defect in his pleadings regarding publication, especially as the claimant subsequently provided witness statements evidencing publication. The appeal is allowed and the claim is reinstated.

Citation
[2011] EWHC 1781 (QB)
Parties
Claimant: In Soo Kim; First Defendant: Youg Geun Park; Second Defendant: Soo Jung Kim; Third Defendant: Boem Jae Cho; Fourth Defendant: Hanintv.com
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Appeal (libel/defamation) / Appeal Against Order Striking Out Claim
Outcome
Appeal allowed; claim reinstated
Legal Topics
Libel, Publication on Internet, Pleading Requirements, Strike Out Applications, Limitation Periods
Defamation Civil Procedure Libel Publication on Internet Pleading Requirements Strike Out Applications Limitation Periods

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Parties

In Soo Kim

Claimant

Youg Geun Park

First Defendant

Soo Jung Kim

Second Defendant

Boem Jae Cho

Third Defendant

Hanintv.com

Fourth Defendant

Procedural Posture

Appeal (libel/defamation) / Appeal Against Order Striking Out Claim

Legal Issues

  1. 1 Whether the claim for libel should have been struck out for failure to identify publishees
  2. 2 Whether the claimant should have been allowed to rectify the pleading defect by adducing witness statements after the hearing

Ratio Decidendi

The Master erred in striking out the claim without giving the claimant an opportunity to rectify the defect in his pleadings regarding publication, especially as the claimant subsequently provided witness statements evidencing publication. The appeal is allowed and the claim is reinstated.

Court Disposition

Appeal allowed; claim reinstated

Orders

  • Claim reinstated for further proceedings
  • Directions to be given for further progress of the action