Wallis v Valentine & Ors [2002] EWCA Civ 345 (5 March 2002)

Wallis v Valentine & Ors [2002] EWCA Civ 345 (5 March 2002)

Permission to appeal is granted on the basis that it is arguable the judge was not entitled to determine the issue of publication under CPR Part 24 in light of the authorities safeguarding the right to jury trial in libel where there are triable issues of fact.

Citation
[2002] EWCA Civ 345
Parties
Claimant/applicant: Ralph Wallis; Defendants/respondents: Valentine & Ors
Jurisdiction
England and Wales
Judgment Date
05 March 2002
Procedural Posture
Civil Appeal (libel) / Application for Permission to Appeal From Summary Judgment and Strike Out Order
Outcome
Permission to appeal granted on both summary judgment and strike out orders, with the latter conditional on success of the former.
Legal Topics
Summary Judgment in Defamation, Strike Out for Abuse of Process, Right to Jury Trial in Libel, Extent of Publication in Libel, Purpose of Libel Proceedings
Defamation Civil Procedure Summary Judgment in Defamation Strike Out for Abuse of Process Right to Jury Trial in Libel Extent of Publication in Libel Purpose of Libel Proceedings

Case Brief

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Parties

Ralph Wallis

Claimant/applicant

Valentine & Ors

Defendants/respondents

Procedural Posture

Civil Appeal (libel) / Application for Permission to Appeal From Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether summary judgment under CPR Part 24 is permissible in a libel action where there is an alleged issue of fact as to publication
  2. 2 Whether the particulars of claim should be struck out as an abuse of process under CPR Part 3.4(2)(b)

Ratio Decidendi

Permission to appeal is granted on the basis that it is arguable the judge was not entitled to determine the issue of publication under CPR Part 24 in light of the authorities safeguarding the right to jury trial in libel where there are triable issues of fact.

Court Disposition

Permission to appeal granted on both summary judgment and strike out orders, with the latter conditional on success of the former.

Orders

  • Permission to appeal granted on summary judgment under CPR Part 24(2) and strike out under CPR Part 3.4(2)(b), the latter only if the former succeeds.
  • Copy of judgment to be provided to Mr Wallis at public expense.