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
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
- 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.
Full Case Text
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