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

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

The Claimant has a real prospect of persuading a jury that the Defendant's broadcast adopted and unfairly reported the findings of disciplinary bodies, thereby losing the benefit of statutory qualified privilege. The issues of honest comment and justification involve disputed facts that cannot be resolved summarily. The libel action is not an abuse of process as the issues have not been finally determined in the same form, and the Claimant's reputation is still worth vindicating. The Defendant's applications to strike out or for summary judgment are dismissed.

Citation
[2011] EWHC 179 (QB)
Parties
Claimant: Dean McKeown; Defendant: Attheraces Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2011
Procedural Posture
Libel Proceedings (defamation) / 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, Collateral Attack, Reputation, Statutory Privilege, Res Judicata
Defamation Media Law Sports Law Qualified Privilege Honest Comment Justification Abuse of Process Collateral Attack +3 more

Case Brief

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Parties

Dean McKeown

Claimant

Attheraces Limited

Defendant

Procedural Posture

Libel Proceedings (defamation) / 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 under the Defamation Act 1996
  2. 2 Whether the statements constituted honest comment or opinion on true facts
  3. 3 Whether the libel action was an abuse of process due to prior disciplinary findings and litigation

Ratio Decidendi

The Claimant has a real prospect of persuading a jury that the Defendant's broadcast adopted and unfairly reported the findings of disciplinary bodies, thereby losing the benefit of statutory qualified privilege. The issues of honest comment and justification involve disputed facts that cannot be resolved summarily. The libel action is not an abuse of process as the issues have not been finally determined in the same form, and the Claimant's reputation is still worth vindicating. The Defendant's applications to strike out or for summary judgment are dismissed.

Court Disposition

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

Orders

  • Permission granted to Defendant to amend Defence.
  • All other applications by Defendant dismissed.