Weston v Bates & Anor [2015] EWHC 3070 (QB) (11 November 2015)

Weston v Bates & Anor [2015] EWHC 3070 (QB) (11 November 2015)

The appeal succeeded because the Master erred in failing to give sufficient weight to the initial period of unexplained delay, which gave rise to a strong inference of abuse of process. The court found that, even if Mr Weston also sought vindication, the delay and circumstances indicated an improper purpose. The value of any vindication was minimal given the passage of time, the ephemeral nature of the publications, and Mr Weston's lack of ongoing connection to Leeds. The claim was struck out as an abuse of process.

Citation
[2015] EWHC 3070
Parties
Claimant/respondent: Robert Lawrence Weston; First Defendant/appellant: Kenneth William Bates; Second Defendant/respondent: Leeds United Football Club
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Libel Action (defamation) / Appeal From Master Mc Cloud's Refusal to Strike Out Claim
Outcome
Appeal allowed; claim struck out
Legal Topics
Strike Out Applications, Abuse of Process, Delay in Litigation, Collateral Purpose in Litigation, Vindication of Reputation, Qualified Privilege, Justification Defence
Defamation Civil Procedure Strike Out Applications Abuse of Process Delay in Litigation Collateral Purpose in Litigation Vindication of Reputation Qualified Privilege +1 more

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Parties

Robert Lawrence Weston

Claimant/respondent

Kenneth William Bates

First Defendant/appellant

Leeds United Football Club

Second Defendant/respondent

Procedural Posture

Libel Action (defamation) / Appeal From Master Mc Cloud's Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the libel claim should be struck out for abuse of process under CPR 3.4(2)(b) and/or for failure to comply with rules under CPR 3.4(2)(c)
  2. 2 Whether the claim was pursued for a collateral purpose rather than vindication of reputation
  3. 3 Whether delay rendered a fair trial impossible or deprived the claim of value

Ratio Decidendi

The appeal succeeded because the Master erred in failing to give sufficient weight to the initial period of unexplained delay, which gave rise to a strong inference of abuse of process. The court found that, even if Mr Weston also sought vindication, the delay and circumstances indicated an improper purpose. The value of any vindication was minimal given the passage of time, the ephemeral nature of the publications, and Mr Weston's lack of ongoing connection to Leeds. The claim was struck out as an abuse of process.

Court Disposition

Appeal allowed; claim struck out

Orders

  • The libel proceedings are struck out.