Spencer v Sillitoe & Anor [2003] EWHC 1651 (QB) (09 July 2003)

Spencer v Sillitoe & Anor [2003] EWHC 1651 (QB) (09 July 2003)

The court held that the background allegations relating to the Pathway project and personal attacks on staff were irrelevant, prolix, and oppressive, and should be struck out from both the defamation and contract claims. The Friend principle could not be definitively applied at this stage to bar the defamation claims relating to statements made after the commencement of disciplinary proceedings, as factual disputes remained about when those proceedings began and the possibility of malice. Disclosure should be confined to relevant documents only, and Mr Spencer must serve a new, reduced list of documents.

Citation
[2003] EWHC 1651 (QB)
Parties
Claimant: Mark Warren Gardner Spencer; First Defendant: David Enoch Sillitoe; Second Defendant: Fujitsu Services Limited (formerly ICL)
Jurisdiction
England and Wales
Judgment Date
09 July 2003
Procedural Posture
Civil (defamation and Contract) / Interlocutory Application to Strike Out Parts of Particulars of Claim
Outcome
Application to strike out granted in part; irrelevant and prolix material struck out; Friend principle not dispositive at this stage; disclosure to be limited to relevant documents.
Legal Topics
Strike Out Application, Pleadings, Qualified Privilege, Justification Defence, Malice, Disclosure, Abuse of Process
Defamation Contract Law Employment Law Strike Out Application Pleadings Qualified Privilege Justification Defence Malice +2 more

Case Brief

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Parties

Mark Warren Gardner Spencer

Claimant

David Enoch Sillitoe

First Defendant

Fujitsu Services Limited (formerly ICL)

Second Defendant

Procedural Posture

Civil (defamation and Contract) / Interlocutory Application to Strike Out Parts of Particulars of Claim

Legal Issues

  1. 1 Whether parts of the particulars of claim are prolix, irrelevant, embarrassing or vexatious and should be struck out
  2. 2 Whether the background of the Pathway project is relevant to the pleaded issues
  3. 3 Whether the Friend principle applies to internal disciplinary proceedings and bars certain defamation claims

Ratio Decidendi

The court held that the background allegations relating to the Pathway project and personal attacks on staff were irrelevant, prolix, and oppressive, and should be struck out from both the defamation and contract claims. The Friend principle could not be definitively applied at this stage to bar the defamation claims relating to statements made after the commencement of disciplinary proceedings, as factual disputes remained about when those proceedings began and the possibility of malice. Disclosure should be confined to relevant documents only, and Mr Spencer must serve a new, reduced list of documents.

Court Disposition

Application to strike out granted in part; irrelevant and prolix material struck out; Friend principle not dispositive at this stage; disclosure to be limited to relevant documents.

Orders

  • Strike out of specified paragraphs and references in the particulars of claim relating to the Pathway project and personal attacks on staff.
  • Mr Spencer to serve a new, reduced list of relevant documents for disclosure.