McKeown v Attheraces Ltd [2011] EWHC 179 (QB) (07 February 2011)

McKeown v Attheraces Ltd [2011] EWHC 179 (QB) (07 February 2011)

The Defendant's applications to strike out or for summary judgment are dismissed because the Claimant has a real prospect of persuading a jury that the Defendant adopted the findings of disciplinary bodies, losing privilege, and because the action is not an abuse of process; permission to amend the Defence is granted.

Source-derived case information.

Citation
[2011] EWHC 179
Parties
Claimant: Dean McKeown; Defendant: Attheraces Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2011
Procedural Posture
Libel Proceedings / Application to Strike Out or for Summary Judgment; Permission to Amend Defence
Outcome
Defendant's applications to strike out or for summary judgment dismissed; permission to amend Defence granted.
Legal Topics
Qualified Privilege, Honest Comment, Justification, Abuse of Process, Re Litigation, Statutory Privilege, Reputation, Stay of Proceedings
Defamation Sports Law Qualified Privilege Honest Comment Justification Abuse of Process Re Litigation Statutory Privilege +2 more

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Summary, issues, holding and outcome

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Parties

Dean McKeown

Claimant

Attheraces Limited

Defendant

Procedural Posture

Libel Proceedings / Application to Strike Out or for Summary Judgment; Permission to Amend Defence

Legal Issues

  1. 1 Whether the Defendant's statements were protected by statutory qualified privilege
  2. 2 Whether the statements constituted honest comment
  3. 3 Whether the action is an abuse of process due to re-litigation

Ratio Decidendi

The Defendant's applications to strike out or for summary judgment are dismissed because the Claimant has a real prospect of persuading a jury that the Defendant adopted the findings of disciplinary bodies, losing privilege, and because the action is not an abuse of process; permission to amend the Defence is granted.

Court Disposition

Defendant's applications to strike out or for summary judgment dismissed; permission to amend Defence granted.

Orders

  • Permission to amend Defence granted
  • Applications to strike out or for summary judgment dismissed