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 and witness statements do not establish that he has no real prospect of success, nor do they show that the proceedings are an abuse of process. The factual disputes and the seriousness of the allegation are sufficient to justify a trial.

Citation
[2010] EWHC 2494
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/or Strike Out Prior to Trial
Outcome
Applications dismissed
Legal Topics
Summary Judgment, Abuse of Process, Justification Defence, Meaning of Defamatory Statements
Defamation Media Law Civil Procedure Summary Judgment Abuse of Process Justification Defence Meaning of Defamatory Statements

Case Brief

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Parties

Gordon Taylor

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant has no real prospect of succeeding on the claim (CPR 24.2)
  2. 2 Whether the claim should be struck out as an abuse of process (CPR 3.4(2)(b))
  3. 3 Whether the difference between admitted facts and the defamatory meaning is so small as to render the claim insubstantial

Ratio Decidendi

The claimant's evidence and witness statements do not establish that he has no real prospect of success, nor do they show that the proceedings are an abuse of process. The factual disputes and the seriousness of the allegation are sufficient to justify a trial.

Court Disposition

Applications dismissed

Orders

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