Krause v Newsquest Media Group Ltd & Anor [2013] EWHC 3400 (QB) (11 November 2013)

The claims are struck out as an abuse of process because they are a collateral attack on criminal convictions, the words complained of are incapable of being defamatory or are protected by privilege, and the claims are time-barred or otherwise hopeless.

Citation: [2013] EWHC 3400 (QB)
Parties: Claimant: Jan Krause; First Defendant: Newsquest Media Group Ltd; Second Defendant: Chief Constable of Cheshire Police
Jurisdiction: England and Wales
Judgment Date: 11 November 2013
Procedural Posture: Civil (libel/defamation) / Application to Strike Out Claims / Summary Judgment
Outcome: Claims struck out
Legal Topics: Libel, Qualified Privilege, Absolute Privilege, Limitation, Collateral Attack on Conviction, Abuse of Process

Defamation Civil Procedure Libel Qualified Privilege Absolute Privilege Limitation Collateral Attack on Conviction Abuse of Process

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Parties

Jan Krause

Claimant

Newsquest Media Group Ltd

First Defendant

Chief Constable of Cheshire Police

Second Defendant

Procedural Posture

Civil (libel/defamation) / Application to Strike Out Claims / Summary Judgment

Legal Issues

1 Whether the libel claims are an abuse of process as a collateral attack on criminal convictions
2 Whether the words complained of are capable of bearing a defamatory meaning
3 Whether the claims are time-barred under the Limitation Act 1980

Ratio Decidendi

Court Disposition

Claims struck out

Orders

Both actions struck out as an abuse of process and/or having no real prospect of success