Johnson v McArdle & Anor [2020] EWHC 644 (QB) (18 March 2020)

Johnson v McArdle & Anor [2020] EWHC 644 (QB) (18 March 2020)

The Particulars of Claim failed to comply with Practice Direction 53B and did not plead reasonable grounds for bringing claims in libel or malicious falsehood, as they did not sufficiently particularise facts showing serious harm to reputation, nor did they adequately plead falsity or malice.

Citation
[2020] EWHC 644 (QB)
Parties
Claimant: Matthew Johnson; 1st Defendant: Alanna McArdle; 2nd Defendant: XYZ
Jurisdiction
England and Wales
Judgment Date
18 March 2020
Procedural Posture
Civil Defamation and Malicious Falsehood / Application to Strike Out Particulars of Claim
Outcome
Particulars of Claim struck out against both Defendants; Claim Form not struck out; liberty to apply to amend within 28 days.
Legal Topics
Libel, Malicious Falsehood, Pleadings, Serious Harm Requirement, Practice Direction 53 B, Strike Out Applications
Defamation Tort Law Media Law Libel Malicious Falsehood Pleadings Serious Harm Requirement Practice Direction 53 B +1 more

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Parties

Matthew Johnson

Claimant

Alanna McArdle

1st Defendant

XYZ

2nd Defendant

Procedural Posture

Civil Defamation and Malicious Falsehood / Application to Strike Out Particulars of Claim

Legal Issues

  1. 1 Whether the Particulars of Claim disclose reasonable grounds for bringing claims in libel and malicious falsehood
  2. 2 Whether the Particulars of Claim comply with Practice Direction 53B, paragraph 4.2(3)
  3. 3 Whether the pleadings sufficiently particularise serious harm to reputation under s.1 Defamation Act 2013

Ratio Decidendi

The Particulars of Claim failed to comply with Practice Direction 53B and did not plead reasonable grounds for bringing claims in libel or malicious falsehood, as they did not sufficiently particularise facts showing serious harm to reputation, nor did they adequately plead falsity or malice.

Court Disposition

Particulars of Claim struck out against both Defendants; Claim Form not struck out; liberty to apply to amend within 28 days.

Orders

  • Particulars of Claim struck out in their entirety against both Defendants.
  • Claim Form remains; Claimant may apply to serve amended Particulars of Claim within 28 days.