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

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

The court cannot summarily determine that the occasion was one of qualified privilege without investigation of the circumstances, especially given the volunteered nature of the statement, the lack of direct knowledge, the historic nature of the information, and potential conflicts with assurances and statutory duties. The words complained of are capable of bearing the meanings pleaded by the claimant.

Citation
[2008] EWHC 399 (QB)
Parties
Claimant: W; First Defendant: J H; Second Defendant: A County Council
Jurisdiction
England and Wales
Judgment Date
05 March 2008
Procedural Posture
Slander / Interlocutory Hearing; Summary Judgment Application
Outcome
Defendants' applications for summary judgment and for rulings on meaning dismissed.
Legal Topics
Qualified Privilege, Employee References, Malice, Defamatory Meaning, Data Protection Act 1998, Human Rights Act 1998, Aggravated Damages, Vicarious Liability
Defamation Employment Law Data Protection Qualified Privilege Employee References Malice Defamatory Meaning Data Protection Act 1998 +3 more

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Parties

W

Claimant

J H

First Defendant

A County Council

Second Defendant

Procedural Posture

Slander / Interlocutory Hearing; Summary Judgment Application

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 summary judgment should be granted to the defendants

Ratio Decidendi

The court cannot summarily determine that the occasion was one of qualified privilege without investigation of the circumstances, especially given the volunteered nature of the statement, the lack of direct knowledge, the historic nature of the information, and potential conflicts with assurances and statutory duties. The words complained of are capable of bearing the meanings pleaded by the claimant.

Court Disposition

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

Orders

  • Applications for summary judgment dismissed.
  • Applications for rulings that the words complained of are not capable of bearing the meanings pleaded dismissed.