Brown & Anor v AB

Brown & Anor v AB

The Defendant is permitted to withdraw the admission regarding 'lots of children' being treated badly and to amend her Defence, but the Amended Defence is struck out for prolixity and non-compliance with procedural rules. The Defendant is granted one final opportunity to file a compliant Defence not exceeding 25 pages. The Defendant's application to strike out the claim or for summary judgment is dismissed except for one Facebook post, which is struck out as not disclosing an arguable claim.

Parties
Claimant: Brenda Mary Brown; Claimant: Dr. Ernest Neville Brown; Defendant: A B
Jurisdiction
England and Wales
Judgment Date
21 March 2018
Procedural Posture
Civil Defamation and Related Torts / Interlocutory Applications (amendment, Strike Out, Summary Judgment)
Outcome
Defendant's Amended Defence struck out with permission to re-plead; Defendant's application to strike out claim or for summary judgment dismissed except for one allegation; Claimants' application to strike out Defence allowed; permission to amend and withdraw admission granted.
Legal Topics
Malicious Falsehood, Libel, Slander, Harassment, Nuisance, Strike Out Applications, Summary Judgment, Amendment of Pleadings, Withdrawal of Admissions, Limitation, Qualified Privilege
Defamation Tort Civil Procedure Malicious Falsehood Libel Slander Harassment Nuisance +6 more

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Parties

Brenda Mary Brown

Claimant

Dr. Ernest Neville Brown

Claimant

A B

Defendant

Procedural Posture

Civil Defamation and Related Torts / Interlocutory Applications (amendment, Strike Out, Summary Judgment)

Legal Issues

  1. 1 Whether the Defendant should be permitted to amend her Defence and withdraw admissions
  2. 2 Whether the claim or Defence should be struck out or summary judgment entered
  3. 3 Whether the pleaded claims disclose reasonable grounds and are not an abuse of process

Ratio Decidendi

The Defendant is permitted to withdraw the admission regarding 'lots of children' being treated badly and to amend her Defence, but the Amended Defence is struck out for prolixity and non-compliance with procedural rules. The Defendant is granted one final opportunity to file a compliant Defence not exceeding 25 pages. The Defendant's application to strike out the claim or for summary judgment is dismissed except for one Facebook post, which is struck out as not disclosing an arguable claim.

Court Disposition

Defendant's Amended Defence struck out with permission to re-plead; Defendant's application to strike out claim or for summary judgment dismissed except for one allegation; Claimants' application to strike out Defence allowed; permission to amend and withdraw admission granted.

Orders

  • Defendant's Amended Defence struck out in its entirety.
  • Defendant to file a fresh Defence not exceeding 25 pages, in specified format.