Creative Resins International Ltd. v Glasslam Europe Ltd. & Ors

Creative Resins International Ltd. v Glasslam Europe Ltd. & Ors

The court cannot conclude at this stage that the claim against the Second Defendant has no real prospect of success, given unresolved factual and legal issues, including potential waiver of privilege and the role of solicitors in making defamatory statements. Summary judgment is therefore inappropriate.

Parties
Claimant: Creative Resins International Limited; First Defendant: Glasslam Europe Limited; Second Defendant: Donne Mileham & Haddock (a firm); Third Defendant: Stephen Howes
Jurisdiction
England and Wales
Judgment Date
03 May 2005
Procedural Posture
Libel Action / Application for Summary Judgment/strike Out by Second Defendant
Outcome
Application for summary judgment/strike out dismissed
Legal Topics
Qualified Privilege, Malice, Summary Judgment, Solicitor Liability, Defamation by Letter
Defamation Civil Procedure Qualified Privilege Malice Summary Judgment Solicitor Liability Defamation by Letter

Case Brief

Summary, issues, holding and outcome

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Parties

Creative Resins International Limited

Claimant

Glasslam Europe Limited

First Defendant

Donne Mileham & Haddock (a firm)

Second Defendant

Stephen Howes

Third Defendant

Procedural Posture

Libel Action / Application for Summary Judgment/strike Out by Second Defendant

Legal Issues

  1. 1 Whether the Second Defendant (solicitors) are protected by qualified privilege for defamatory statements made in a letter before action
  2. 2 Whether the claim against the Second Defendant should be summarily dismissed under CPR 24
  3. 3 Whether the allegations were made with malice or reckless indifference to truth

Ratio Decidendi

The court cannot conclude at this stage that the claim against the Second Defendant has no real prospect of success, given unresolved factual and legal issues, including potential waiver of privilege and the role of solicitors in making defamatory statements. Summary judgment is therefore inappropriate.

Court Disposition

Application for summary judgment/strike out dismissed

Orders

  • No summary judgment entered against the Claimant
  • Claim against Second Defendant not struck out