Apsion v Dilnot [2011] EWHC 869 (QB) (18 April 2011)

Apsion v Dilnot [2011] EWHC 869 (QB) (18 April 2011)

The claim was struck out because all statements complained of were made on occasions protected by absolute privilege, the action amounted to a collateral attack on tribunal findings, and the claim was time-barred.

Citation
[2011] EWHC 869 (QB)
Parties
Claimant: Robert Apsion; Defendant: Antony Dilnot
Jurisdiction
England and Wales
Judgment Date
18 April 2011
Procedural Posture
Appeal Against Order Striking Out Claim / Appeal Hearing Before High Court
Outcome
Appeal dismissed
Legal Topics
Absolute Privilege, Malicious Falsehood, Collateral Challenge, Limitation Period
Defamation Civil Procedure Absolute Privilege Malicious Falsehood Collateral Challenge Limitation Period

Case Brief

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Parties

Robert Apsion

Claimant

Antony Dilnot

Defendant

Procedural Posture

Appeal Against Order Striking Out Claim / Appeal Hearing Before High Court

Legal Issues

  1. 1 Whether statements made to the Bar Standards Board are protected by absolute privilege
  2. 2 Whether the claim constitutes a collateral attack on tribunal findings
  3. 3 Whether the claim is time-barred under limitation rules

Ratio Decidendi

The claim was struck out because all statements complained of were made on occasions protected by absolute privilege, the action amounted to a collateral attack on tribunal findings, and the claim was time-barred.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out
  • Action dismissed