Pedder & Anor v Associated Newspapers Ltd [2003] EWHC 1219 (QB) (15 May 2003)

The claimants have a real prospect of establishing the defamatory meanings pleaded and defeating the plea of justification; a properly directed jury could reasonably find in their favour and award more than nominal damages. There is no abuse of process, and the case should proceed to trial.

Citation: [2003] EWHC 1219
Parties: Claimant: Sarah Pedder; Claimant: Allan Dummer; Defendant: Associated Newspapers Ltd
Jurisdiction: England and Wales
Judgment Date: 15 May 2003
Procedural Posture: Libel Action / Application to Strike Out Claim or for Summary Judgment Prior to Trial
Outcome: Application to strike out and for summary judgment dismissed; claim to proceed to trial.
Legal Topics: Libel, Summary Judgment, Strike Out Applications, Abuse of Process, Jury Trial, Justification Defence, Damages

Defamation Media Law Civil Procedure Libel Summary Judgment Strike Out Applications Abuse of Process Jury Trial +2 more

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Parties

Sarah Pedder

Claimant

Allan Dummer

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

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

Legal Issues

1 Whether the claimants' statement of case discloses reasonable grounds for bringing the claim
2 Whether the claimants have a real prospect of success at trial
3 Whether the action should be struck out as an abuse of process

Ratio Decidendi

Court Disposition

Application to strike out and for summary judgment dismissed; claim to proceed to trial.

Orders

Claim not struck out
Summary judgment not granted for defendants