Lonzim Plc & Ors v Sprague

Lonzim Plc & Ors v Sprague

The claims were struck out because there was no evidence of substantial publication within the jurisdiction, any damage to reputation was minimal or speculative, and the proceedings were an abuse of process. The court found the claims vexatious and totally without merit, with no legitimate purpose served by continuing the action.

Parties
Claimant: LonZim PLC; Claimant: David Lenigas; Claimant: Geoffrey White; Defendant: Andrew Sprague
Jurisdiction
England and Wales
Judgment Date
11 November 2009
Procedural Posture
Civil Defamation (slander and Libel) / Summary Judgment Application and Application to Strike Out Claim
Outcome
Claim struck out as an abuse of process; application to amend dismissed; claims declared totally without merit.
Legal Topics
Slander, Libel, Abuse of Process, Jurisdiction, Publication on Internet
Defamation Civil Procedure Slander Libel Abuse of Process Jurisdiction Publication on Internet

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Parties

LonZim PLC

Claimant

David Lenigas

Claimant

Geoffrey White

Claimant

Andrew Sprague

Defendant

Procedural Posture

Civil Defamation (slander and Libel) / Summary Judgment Application and Application to Strike Out Claim

Legal Issues

  1. 1 Whether the alleged slander and libel constituted a real and substantial tort within the jurisdiction
  2. 2 Whether there was sufficient publication within the jurisdiction to sustain the claim
  3. 3 Whether the proceedings were an abuse of process

Ratio Decidendi

The claims were struck out because there was no evidence of substantial publication within the jurisdiction, any damage to reputation was minimal or speculative, and the proceedings were an abuse of process. The court found the claims vexatious and totally without merit, with no legitimate purpose served by continuing the action.

Court Disposition

Claim struck out as an abuse of process; application to amend dismissed; claims declared totally without merit.

Orders

  • The action is struck out.
  • The claimants' application for permission to amend the claim form is dismissed.