McKeown v Attheraces Ltd

McKeown v Attheraces Ltd

The Defendant's applications for strike out or summary judgment are dismissed because the Claimant has a real prospect of persuading a jury that the Defendant adopted the findings of the disciplinary bodies as its own, thereby losing the benefit of statutory qualified privilege, and that the action is not an abuse of process as the issues have not been conclusively determined in a manner binding for the purposes of this libel action.

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

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Parties

Dean McKeown

Claimant

Attheraces Limited

Defendant

Procedural Posture

Libel / Interlocutory Application for Strike Out or Summary Judgment

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 constituted an abuse of process due to prior disciplinary findings

Ratio Decidendi

The Defendant's applications for strike out or summary judgment are dismissed because the Claimant has a real prospect of persuading a jury that the Defendant adopted the findings of the disciplinary bodies as its own, thereby losing the benefit of statutory qualified privilege, and that the action is not an abuse of process as the issues have not been conclusively determined in a manner binding for the purposes of this libel action.

Court Disposition

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

Orders

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