G v Avadis [2003] EWCA Civ 1403 (08 October 2003)

G v Avadis [2003] EWCA Civ 1403 (08 October 2003)

The OSS proceedings are sufficiently analogous to court proceedings to attract absolute privilege to communications made in response to its inquiries; the fraud claim was properly struck out as there was no evidence or particularity to support dishonesty; and the rule of absolute privilege does not infringe Article 6 ECHR.

Citation
[2003] EWCA Civ 1403
Parties
Claimant: Mr 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 for permission to appeal refused.
Legal Topics
Absolute Privilege, Striking Out Claim, Fraud Allegations, Human Rights (article 6 Echr)
Defamation Civil Procedure Legal Profession Absolute Privilege Striking Out Claim Fraud Allegations Human Rights (article 6 Echr)

Case Brief

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Parties

Mr 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 ECHR

Ratio Decidendi

The OSS proceedings are sufficiently analogous to court proceedings to attract absolute privilege to communications made in response to its inquiries; the fraud claim was properly struck out as there was no evidence or particularity to support dishonesty; and the rule of absolute privilege does not infringe Article 6 ECHR.

Court Disposition

Application for permission to appeal refused.

Orders

  • Permission to appeal refused on all grounds.