Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor [2009] EWHC 122 (QB) (29 January 2009)

Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor [2009] EWHC 122 (QB) (29 January 2009)

The claim was untenable after the defence of qualified privilege was upheld, as malice could not be established. The Claimant's persistence in the action, especially the continued plea of malice and refusal to accept reasonable settlement offers, was unreasonable and took the case out of the norm, justifying an order for indemnity costs throughout.

Citation
[2009] EWHC 122
Parties
Claimant: Jeffrey Wakefield (trading as 'Wills Probate and Trusts of Weybridge'); First Defendant: Ian Roger Ford; Second Defendant: Caporn Campbell (A Firm)
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Defamation (libel) / Post Hearing, Costs Determination Following Anticipated Discontinuance
Outcome
Claim dismissed/discontinued; costs awarded to Defendants on indemnity basis.
Legal Topics
Qualified Privilege, Malice, Justification, Indemnity Costs, Discontinuance, Settlement Offers
Defamation Civil Procedure Qualified Privilege Malice Justification Indemnity Costs Discontinuance Settlement Offers

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Parties

Jeffrey Wakefield (trading as 'Wills Probate and Trusts of Weybridge')

Claimant

Ian Roger Ford

First Defendant

Caporn Campbell (A Firm)

Second Defendant

Procedural Posture

Defamation (libel) / Post Hearing, Costs Determination Following Anticipated Discontinuance

Legal Issues

  1. 1 Whether the words complained of were defamatory and actionable
  2. 2 Whether the defence of qualified privilege applied
  3. 3 Whether malice could be established to defeat qualified privilege

Ratio Decidendi

The claim was untenable after the defence of qualified privilege was upheld, as malice could not be established. The Claimant's persistence in the action, especially the continued plea of malice and refusal to accept reasonable settlement offers, was unreasonable and took the case out of the norm, justifying an order for indemnity costs throughout.

Court Disposition

Claim dismissed/discontinued; costs awarded to Defendants on indemnity basis.

Orders

  • Claimant to pay Defendants' costs on the indemnity basis throughout.
  • Claimant to make a payment on account of costs in the sum of £45,000 by 13 March 2009.