Adelson & Anor v Associated Newspapers [2008] EWHC 278 (QB) (19 February 2008)

Adelson & Anor v Associated Newspapers [2008] EWHC 278 (QB) (19 February 2008)

The defendant's open offer was incapable of acceptance because it required the defendant to make a statement in open court that it did not believe to be true while maintaining a plea of justification. The offer was also too uncertain regarding costs to constitute a binding settlement. Therefore, it would not be just to stay or dismiss the proceedings, and the applications for a stay or dismissal are dismissed.

Citation
[2008] EWHC 278
Parties
Claimant: Sheldon Adelson; Claimant: Las Vegas Sands Corporation; Defendant: Associated Newspapers
Jurisdiction
England and Wales
Judgment Date
19 February 2008
Procedural Posture
Libel Action / Interlocutory Application for Stay or Dismissal and Related Applications
Outcome
Defendant's applications for a stay or dismissal of proceedings dismissed; claimants' application to strike out the defence of justification refused.
Legal Topics
Libel, Offer of Amends, Justification Defence, Settlement Offers, Costs, Statements in Open Court, Abuse of Process
Defamation Civil Procedure Libel Offer of Amends Justification Defence Settlement Offers Costs Statements in Open Court +1 more

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Parties

Sheldon Adelson

Claimant

Las Vegas Sands Corporation

Claimant

Associated Newspapers

Defendant

Procedural Posture

Libel Action / Interlocutory Application for Stay or Dismissal and Related Applications

Legal Issues

  1. 1 Whether the proceedings should be stayed or dismissed as an abuse of process following an open offer of settlement by the defendant
  2. 2 Whether the defence of justification should be struck out in light of the defendant's open offer and statements
  3. 3 Whether the court can permit a statement in open court when the defendant maintains a plea of justification

Ratio Decidendi

The defendant's open offer was incapable of acceptance because it required the defendant to make a statement in open court that it did not believe to be true while maintaining a plea of justification. The offer was also too uncertain regarding costs to constitute a binding settlement. Therefore, it would not be just to stay or dismiss the proceedings, and the applications for a stay or dismissal are dismissed.

Court Disposition

Defendant's applications for a stay or dismissal of proceedings dismissed; claimants' application to strike out the defence of justification refused.

Orders

  • Defendant's application for a stay or dismissal of proceedings is dismissed.
  • Claimants' application to strike out the defence of justification is refused.