Taylor v Associated Newspapers Ltd [2010] EWHC 2494 (QB) (11 October 2010)

Taylor v Associated Newspapers Ltd [2010] EWHC 2494 (QB) (11 October 2010)

The claimant's evidence does not establish that he has no real prospect of success, and the admitted facts are not so clear as to render the proceedings an abuse of process. The applications for summary judgment and strike out are therefore dismissed.

Citation
[2010] EWHC 2494 (QB)
Parties
Claimant: Gordon Taylor; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2010
Procedural Posture
Libel Action / Application for Summary Judgment and Strike Out Prior to Trial
Outcome
Applications dismissed
Legal Topics
Libel, Summary Judgment, Abuse of Process, Justification Defence
Defamation Media Law Libel Summary Judgment Abuse of Process Justification Defence

Case Brief

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Parties

Gordon Taylor

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Action / Application for Summary Judgment and Strike Out Prior to Trial

Legal Issues

  1. 1 Whether the claimant has no real prospect of succeeding on the libel claim
  2. 2 Whether the claim should be struck out as an abuse of process

Ratio Decidendi

The claimant's evidence does not establish that he has no real prospect of success, and the admitted facts are not so clear as to render the proceedings an abuse of process. The applications for summary judgment and strike out are therefore dismissed.

Court Disposition

Applications dismissed

Orders

  • Defendant's application for summary judgment dismissed
  • Defendant's application to strike out as abuse of process dismissed