Sharma v Singh & Anor [2007] EWHC 2988 (QB) (17 December 2007)

Sharma v Singh & Anor [2007] EWHC 2988 (QB) (17 December 2007)

The words complained of are capable of bearing the meanings pleaded by the Defendants in para 6(1) and the first part of 6(2) of the draft amended Defence, and permission is granted to amend accordingly. Meanings 6(3) and 6(4) are struck out as irrelevant to the severity of the allegation and for infringing the repetition rule. Leave to amend to include paras 6.64 to 6.66 and the second part of 6(2) is refused as they improperly rely on repetition and are not justified by the pleaded facts.

Citation
[2007] EWHC 2988 (QB)
Parties
Claimant: Captain Ashvini Kumar Sharma; Defendant: Amar Singh; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
17 December 2007
Procedural Posture
Libel Action / Interlocutory Applications: Permission to Amend Defence; Application for Ruling on Meaning and to Strike Out Parts of Defence
Outcome
Partly allowed, partly refused
Legal Topics
Libel, Justification Defence, Meaning of Defamatory Statements, Pleading Amendments, Repetition Rule, Protection From Harassment Act 1997, Sexual Harassment Allegations
Defamation Media Law Libel Justification Defence Meaning of Defamatory Statements Pleading Amendments Repetition Rule Protection From Harassment Act 1997 +1 more

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Parties

Captain Ashvini Kumar Sharma

Claimant

Amar Singh

Defendant

Associated Newspapers Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Applications: Permission to Amend Defence; Application for Ruling on Meaning and to Strike Out Parts of Defence

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the meanings pleaded by the Defendants
  2. 2 Whether the Defence should be permitted to be amended as sought
  3. 3 Whether parts of the Defence should be struck out for infringing the repetition rule or for irrelevance

Ratio Decidendi

The words complained of are capable of bearing the meanings pleaded by the Defendants in para 6(1) and the first part of 6(2) of the draft amended Defence, and permission is granted to amend accordingly. Meanings 6(3) and 6(4) are struck out as irrelevant to the severity of the allegation and for infringing the repetition rule. Leave to amend to include paras 6.64 to 6.66 and the second part of 6(2) is refused as they improperly rely on repetition and are not justified by the pleaded facts.

Court Disposition

Partly allowed, partly refused

Orders

  • Permission granted to amend Defence in terms of para 6(1) and first part of 6(2) of draft amended Defence
  • Meanings 6(3) and 6(4) struck out from Defence