Spencer v Sillitoe & Anor

Spencer v Sillitoe & Anor

The court held that the majority of the disputed material in the particulars of claim, especially references to the Pathway project and personal attacks, was irrelevant, prolix, and oppressive, and should be struck out. The 'Friend principle' could not be definitively applied at this stage to strike out claims relating to publications made after the commencement of disciplinary proceedings, as factual disputes remained. Disclosure should be confined to documents relevant to pleaded issues only.

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 / 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 Applications, Pleadings, Qualified Privilege, Justification, Malice, Consent in Disciplinary Proceedings, Disclosure of Documents
Defamation Contract Employment Strike Out Applications Pleadings Qualified Privilege Justification Malice +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mark Warren Gardner Spencer

Claimant

David Enoch Sillitoe

First Defendant

Fujitsu Services Limited (formerly ICL)

Second Defendant

Procedural Posture

Civil / 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 'Friend principle' (consent to repetition of allegations in disciplinary proceedings) applies to certain defamatory publications
  3. 3 Whether background allegations (e.g., Pathway project) are relevant to the pleaded issues

Ratio Decidendi

The court held that the majority of the disputed material in the particulars of claim, especially references to the Pathway project and personal attacks, was irrelevant, prolix, and oppressive, and should be struck out. The 'Friend principle' could not be definitively applied at this stage to strike out claims relating to publications made after the commencement of disciplinary proceedings, as factual disputes remained. Disclosure should be confined to documents relevant to pleaded issues only.

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.
  • Claimant to serve a new, reduced list of documents limited to relevant issues.