Osagie v Serco Ltd & Ors
The claim and proposed amendments are procedurally defective, lack proper pleading, are covered by absolute and qualified privilege, and have no reasonable prospect of success; therefore, the claim is struck out.
- Parties
- Claimant: Mr Jeffrey Osagie; First Defendant: Serco Limited; Second Defendant: Martin James; Third Defendant: Carl Crysell; Fourth Defendant: Lynn Chadbone; Fifth Defendant: Guisepina Mana; Sixth Defendant: Jon McHale
- Jurisdiction
- England and Wales
- Judgment Date
- 11 July 2019
- Procedural Posture
- Civil / Application to Amend Particulars of Claim and Strike Out
- Outcome
- Claim struck out; applications to amend refused; costs order varied.
- Legal Topics
- Slander, Libel, Malicious Falsehood, Qualified Privilege, Absolute Privilege, Negligence, Human Rights Act 1998, Constructive Dismissal, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Jeffrey Osagie
Claimant
Serco Limited
First Defendant
Martin James
Second Defendant
Carl Crysell
Third Defendant
Lynn Chadbone
Fourth Defendant
Guisepina Mana
Fifth Defendant
Jon McHale
Sixth Defendant
Procedural Posture
Civil / Application to Amend Particulars of Claim and Strike Out
Legal Issues
- 1 Whether the amended particulars of claim should be allowed
- 2 Whether the claim should be struck out for procedural defects and lack of merit
- 3 Whether the claims are covered by absolute or qualified privilege
Ratio Decidendi
The claim and proposed amendments are procedurally defective, lack proper pleading, are covered by absolute and qualified privilege, and have no reasonable prospect of success; therefore, the claim is struck out.
Court Disposition
Claim struck out; applications to amend refused; costs order varied.
Orders
- Claim struck out as totally without merit.
- Permission to amend particulars of claim refused.
Full Case Text
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