Pedder & Anor v Associated Newspapers Ltd

Pedder & Anor v Associated Newspapers Ltd

The claimants have a real prospect of establishing the defamatory meanings alleged, defeating the plea of justification, and recovering more than nominal damages; the claim is not an abuse of process and should not be struck out or subject to summary judgment.

Parties
Claimant: Sarah Pedder; Claimant: Allan Dummer; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
15 May 2003
Procedural Posture
Libel / Application to Strike Out And/or Summary Judgment
Outcome
Application to strike out and for summary judgment dismissed; claim proceeds to trial.
Legal Topics
Libel, Summary Judgment, Abuse of Process, Jury Trial, Justification, Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Pedder

Claimant

Allan Dummer

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Libel / Application to Strike Out And/or Summary Judgment

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

Ratio Decidendi

The claimants have a real prospect of establishing the defamatory meanings alleged, defeating the plea of justification, and recovering more than nominal damages; the claim is not an abuse of process and should not be struck out or subject to summary judgment.

Court Disposition

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