Morgan v Associated Newspapers Ltd [2018] EWHC 3960 (QB) (07 December 2018)

Morgan v Associated Newspapers Ltd [2018] EWHC 3960 (QB) (07 December 2018)

The current defence and proposed amendments lack clarity, particularity, and proper factual foundation for the defamatory opinion found by the court. The defence is struck out and amendments refused, but the Defendant may reconsider and re-plead the honest opinion defence. Summary judgment is refused as the honest...

Source-derived case information.

Citation
[2018] EWHC 3960
Parties
Claimant: Steve Morgan CBE; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Libel / Interlocutory Judgment on Amendment and Strike Out Applications
Outcome
Defendant's application to amend refused; current honest opinion defence struck out; Defendant permitted to re-plead; summary judgment application refused.
Legal Topics
Honest Opinion Defence, Summary Judgment, Pleading Amendment, Striking Out, Defamation Act 2013
Defamation Media Law Honest Opinion Defence Summary Judgment Pleading Amendment Striking Out Defamation Act 2013

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Parties

Steve Morgan CBE

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel / Interlocutory Judgment on Amendment and Strike Out Applications

Legal Issues

  1. 1 Whether the defence of honest opinion discloses reasonable grounds for defending the claim
  2. 2 Whether the Defendant should be permitted to amend its defence
  3. 3 Whether summary judgment should be granted to the Claimant

Ratio Decidendi

The current defence and proposed amendments lack clarity, particularity, and proper factual foundation for the defamatory opinion found by the court. The defence is struck out and amendments refused, but the Defendant may reconsider and re-plead the honest opinion defence. Summary judgment is refused as the honest opinion defence cannot be said to have no real prospect of success at this stage.

Court Disposition

Defendant's application to amend refused; current honest opinion defence struck out; Defendant permitted to re-plead; summary judgment application refused.

Orders

  • Paragraphs 5 and 6 of the Defendant's defence struck out
  • Defendant's application to amend defence refused