G v Avadis

G v Avadis

The OSS acts in a manner sufficiently similar to a court of law for the doctrine of absolute privilege to apply to communications made to it; the fraud claim was properly struck out as there was no evidence or particularity to support the allegation; the rule of absolute privilege is compatible with Article 6 ECHR.

Parties
Claimant: G; Defendant: Avadis
Jurisdiction
England and Wales
Judgment Date
08 October 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application refused
Legal Topics
Absolute Privilege, Striking Out Claims, Fraud Pleadings, Human Rights (article 6)
Defamation Civil Procedure Absolute Privilege Striking Out Claims Fraud Pleadings Human Rights (article 6)

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Parties

G

Claimant

Avadis

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether communications to the Office of the Supervision of Solicitors (OSS) are protected by absolute privilege
  2. 2 Whether the fraud claim should be struck out for lack of prospect of success
  3. 3 Whether the rule of absolute privilege is compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

The OSS acts in a manner sufficiently similar to a court of law for the doctrine of absolute privilege to apply to communications made to it; the fraud claim was properly struck out as there was no evidence or particularity to support the allegation; the rule of absolute privilege is compatible with Article 6 ECHR.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • No further orders made