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 is struck out and amendments refused due to lack of clarity, particularity, and effective pleading; 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.

Source-derived case information.

Citation
[2018] EWHC 3960 (QB)
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, Strike Out, and Summary Judgment Applications
Outcome
Defendant's current defence struck out; amendments refused; Defendant permitted to re-plead honest opinion defence; summary judgment application refused.
Legal Topics
Honest Opinion Defence, Summary Judgment, Strike Out, Pleading Amendment, Section 3 Defamation Act 2013
Defamation Media Law Civil Procedure Honest Opinion Defence Summary Judgment Strike Out Pleading Amendment Section 3 Defamation Act 2013

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Parties

Steve Morgan CBE

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel / Interlocutory Judgment on Amendment, Strike Out, and Summary Judgment Applications

Legal Issues

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

Ratio Decidendi

The current defence is struck out and amendments refused due to lack of clarity, particularity, and effective pleading; 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 current defence struck out; amendments refused; Defendant permitted to re-plead honest opinion defence; summary judgment application refused.

Orders

  • Strike out paragraphs 5 and 6 of Defendant's defence under CPR 3.4(2)
  • Refuse permission to amend defence as proposed