Bindel v PinkNews Media Group Ltd & Anor [2021] EWHC 1868 (QB) (07 July 2021)

Bindel v PinkNews Media Group Ltd & Anor [2021] EWHC 1868 (QB) (07 July 2021)

The proposed preliminary issues are factually complex, require disclosure, witness statements, and cross-examination, and do not meet criteria for preliminary issue trials; there is no entitlement for defendants to have threshold issues determined as preliminary issues to preserve offer of amends; the overriding objective is not served by such a direction in this case.

Citation
[2021] EWHC 1868 (QB)
Parties
Claimant: Julie Bindel; First Defendant: PinkNews Media Group Ltd; Second Defendant: Benjamin Cohen
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Defamation / Application for Trial of Preliminary Issues
Outcome
Application refused
Legal Topics
Offer of Amends, Trial of Preliminary Issues, Case Management, Meaning Determination, Serious Harm, Reference, Innuendo, Costs
Defamation Media Law Civil Procedure Offer of Amends Trial of Preliminary Issues Case Management Meaning Determination Serious Harm +3 more

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Parties

Julie Bindel

Claimant

PinkNews Media Group Ltd

First Defendant

Benjamin Cohen

Second Defendant

Procedural Posture

Defamation / Application for Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the court should order a trial of preliminary issues in a defamation claim
  2. 2 Whether defendants are entitled to have 'threshold issues' determined as preliminary issues prior to filing a defence
  3. 3 Suitability of preliminary issues for early determination

Ratio Decidendi

The proposed preliminary issues are factually complex, require disclosure, witness statements, and cross-examination, and do not meet criteria for preliminary issue trials; there is no entitlement for defendants to have threshold issues determined as preliminary issues to preserve offer of amends; the overriding objective is not served by such a direction in this case.

Court Disposition

Application refused

Orders

  • Refusal to direct trial of preliminary issues
  • Claimant given opportunity to amend Particulars of Claim to clarify meanings pleaded