W v JH & Anor [2008] EWHC 399 (QB) (05 March 2008)

W v JH & Anor [2008] EWHC 399 (QB) (05 March 2008)

The applications for summary judgment and for rulings on meaning are dismissed because the existence of qualified privilege and the capability of the words to bear the pleaded meanings require investigation of the circumstances and cannot be determined summarily. The claimant is entitled to argue that assurances, the Data Protection Act, and the lapse of time affect the existence of privilege.

Citation
[2008] EWHC 399
Parties
Claimant: W; First Defendant: J H; Second Defendant: A County Council
Jurisdiction
England and Wales
Judgment Date
05 March 2008
Procedural Posture
Slander/defamation / Interlocutory Application for Summary Judgment and Ruling on Meaning
Outcome
Applications for summary judgment and for rulings on meaning dismissed.
Legal Topics
Qualified Privilege, Slander, Employee References, Data Protection Act 1998, Article 8 ECHR, Article 10 ECHR, Rehabilitation of Offenders, Summary Judgment, Meaning in Defamation
Defamation Employment Law Data Protection Human Rights Qualified Privilege Slander Employee References Data Protection Act 1998 +5 more

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Parties

W

Claimant

J H

First Defendant

A County Council

Second Defendant

Procedural Posture

Slander/defamation / Interlocutory Application for Summary Judgment and Ruling on Meaning

Legal Issues

  1. 1 Whether the occasion of publication was one of qualified privilege
  2. 2 Whether the words complained of are capable of bearing the meanings pleaded by the claimant
  3. 3 Whether the defence of qualified privilege can be determined summarily

Ratio Decidendi

The applications for summary judgment and for rulings on meaning are dismissed because the existence of qualified privilege and the capability of the words to bear the pleaded meanings require investigation of the circumstances and cannot be determined summarily. The claimant is entitled to argue that assurances, the Data Protection Act, and the lapse of time affect the existence of privilege.

Court Disposition

Applications for summary judgment and for rulings on meaning dismissed.

Orders

  • Defendants' applications for summary judgment dismissed.
  • Defendants' applications for rulings on meaning dismissed.