Ward v Associated Newspapers Ltd & Anor

Ward v Associated Newspapers Ltd & Anor

Mr Ward's claim does not constitute a collateral attack on his criminal convictions and is not an abuse of process. The criminal trial and subsequent appeal did not adjudicate the merits of his allegations against the Mail on Sunday or its journalists. The Defendant's applications for strike out and summary judgment are refused as Mr Ward has a real prospect of demonstrating serious harm, malice, and pecuniary damage, and the claim is not Jameel abusive at this stage.

Parties
Claimant: Michael Ward; Defendant: Associated Newspapers Limited; Defendant: Mail on Sunday
Jurisdiction
England and Wales
Judgment Date
05 October 2020
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Defendant's applications for strike out and summary judgment dismissed; claim proceeds.
Legal Topics
Collateral Attack, Abuse of Process, Qualified Privilege, Malice, Serious Harm, Special Damage, Reply to Attack, Summary Judgment
Defamation Malicious Falsehood Media Law Collateral Attack Abuse of Process Qualified Privilege Malice Serious Harm +3 more

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Parties

Michael Ward

Claimant

Associated Newspapers Limited

Defendant

Mail on Sunday

Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claim constitutes a collateral attack on criminal convictions and is an abuse of process
  2. 2 Whether the claimant has a real prospect of demonstrating serious harm to reputation under s.1 Defamation Act 2013
  3. 3 Whether publication is protected by reply to attack qualified privilege and whether malice can be demonstrated

Ratio Decidendi

Mr Ward's claim does not constitute a collateral attack on his criminal convictions and is not an abuse of process. The criminal trial and subsequent appeal did not adjudicate the merits of his allegations against the Mail on Sunday or its journalists. The Defendant's applications for strike out and summary judgment are refused as Mr Ward has a real prospect of demonstrating serious harm, malice, and pecuniary damage, and the claim is not Jameel abusive at this stage.

Court Disposition

Defendant's applications for strike out and summary judgment dismissed; claim proceeds.

Orders

  • Mr Ward to produce draft Amended Particulars of Claim specifying individuals alleged to be malicious and facts relied upon.
  • Mr Ward to incorporate explanation of damage and reliance on s.3(1) Defamation Act 1952 in Amended Particulars of Claim.