Henderson v London Borough of Hackney & Anor

Henderson v London Borough of Hackney & Anor

The particulars of claim were struck out and the action dismissed because the claimant had no realistic prospect of defeating the defence of qualified privilege, as the plea of malice was unsupported by specific facts and the defence of justification could potentially be amended to introduce a victim. The facts did not support an inference of malice, and the Second Defendant was entitled to argue justification and section 5 of the Defamation Act 1952 at trial.

Parties
Claimant: Claire Henderson; First Defendant: The London Borough of Hackney; Second Defendant: The Learning Trust
Jurisdiction
England and Wales
Judgment Date
05 July 2010
Procedural Posture
Civil Defamation (libel) / Ruling on Applications for Summary Judgment and Strike Out
Outcome
Claim struck out and action dismissed
Legal Topics
Qualified Privilege, Justification, Malice, Sexual Harassment, Statutory Reporting Duties
Defamation Employment Law Education Law Qualified Privilege Justification Malice Sexual Harassment Statutory Reporting Duties

Case Brief

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Parties

Claire Henderson

Claimant

The London Borough of Hackney

First Defendant

The Learning Trust

Second Defendant

Procedural Posture

Civil Defamation (libel) / Ruling on Applications for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the defence of justification should be struck out for lack of evidence supporting sexual harassment
  2. 2 Whether the defence of qualified privilege can be defeated by malice
  3. 3 Whether the particulars of claim should be struck out for lack of realistic prospect of success

Ratio Decidendi

The particulars of claim were struck out and the action dismissed because the claimant had no realistic prospect of defeating the defence of qualified privilege, as the plea of malice was unsupported by specific facts and the defence of justification could potentially be amended to introduce a victim. The facts did not support an inference of malice, and the Second Defendant was entitled to argue justification and section 5 of the Defamation Act 1952 at trial.

Court Disposition

Claim struck out and action dismissed

Orders

  • Particulars of claim struck out
  • Action dismissed