Citation Plc v Ellis Whittam Ltd

Citation Plc v Ellis Whittam Ltd

The claim was struck out because there was no evidence of actual damage, no real risk of repetition, and the tort alleged was not real or substantial. The action was deemed an abuse of process as Ellis had taken steps to prevent repetition and offered undertakings, rendering the pursuit of the claim disproportionate.

Parties
Appellant: Citation plc; Respondent: Ellis Whittam Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Injunctions, Damages, Strike Out Applications
Defamation Malicious Falsehood Civil Procedure Abuse of Process Injunctions Damages Strike Out Applications

Case Brief

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Parties

Citation plc

Appellant

Ellis Whittam Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Claim

Legal Issues

  1. 1 Whether the claim for slander and malicious falsehood constitutes a real and substantial tort
  2. 2 Whether there is an arguable case for risk of repetition justifying an injunction
  3. 3 Whether the action is an abuse of process

Ratio Decidendi

The claim was struck out because there was no evidence of actual damage, no real risk of repetition, and the tort alleged was not real or substantial. The action was deemed an abuse of process as Ellis had taken steps to prevent repetition and offered undertakings, rendering the pursuit of the claim disproportionate.

Court Disposition

appeal dismissed

Orders

  • Citation to pay Ellis the costs of and incidental to the action from the date of service of the Claim Form
  • No order for costs of pre-action correspondence