Wissa v Associated Newspapers Ltd

Wissa v Associated Newspapers Ltd

The claim was struck out because the Particulars of Claim failed to set out with reasonable certainty the precise words complained of, as required in libel actions, and the pleaded meanings were not capable of being borne by the published articles.

Parties
Claimant: Dr Atef Halim Wissa; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2014
Procedural Posture
Libel / Application to Strike Out Claim
Outcome
Claim struck out
Legal Topics
Libel, Pleading Requirements, Defamatory Meaning, Practice Direction 53, CPR 16.4
Defamation Libel Pleading Requirements Defamatory Meaning Practice Direction 53 CPR 16.4

Case Brief

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Parties

Dr Atef Halim Wissa

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the Particulars of Claim sufficiently identify the publication and words complained of
  2. 2 Whether the pleaded meanings are capable of being borne by the published words
  3. 3 Whether the claim should be struck out for failure to plead with reasonable certainty

Ratio Decidendi

The claim was struck out because the Particulars of Claim failed to set out with reasonable certainty the precise words complained of, as required in libel actions, and the pleaded meanings were not capable of being borne by the published articles.

Court Disposition

Claim struck out

Orders

  • Claim struck out
  • Claimant may apply to amend within a specified time period