Cammish v Hughes [2012] EWHC 976 (QB) (20 April 2012)

Cammish v Hughes [2012] EWHC 976 (QB) (20 April 2012)

The words complained of, in their natural and ordinary meaning, impute serious incompetence in business to the claimant, passing the threshold of seriousness for libel and justifying the claim proceeding to trial; the Jameel application to strike out is dismissed as vindication remains a legitimate purpose.

Citation
[2012] EWHC 976 (QB)
Parties
Claimant: Robin Cammish; Defendant: Clive Hughes
Jurisdiction
England and Wales
Judgment Date
20 April 2012
Procedural Posture
Libel Action / Interlocutory Judgment on Strike Out and Amendment Applications
Outcome
Jameel application to strike out dismissed; permission to amend paragraphs 3(a) and 3(b) of Particulars of Claim granted by consent; remainder of amendment application dismissed.
Legal Topics
Libel, Business/professional Reputation, Abuse of Process, Threshold of Seriousness, Vindication
Defamation Civil Procedure Libel Business/professional Reputation Abuse of Process Threshold of Seriousness Vindication

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Parties

Robin Cammish

Claimant

Clive Hughes

Defendant

Procedural Posture

Libel Action / Interlocutory Judgment on Strike Out and Amendment Applications

Legal Issues

  1. 1 Whether the words complained of are defamatory
  2. 2 Whether the claim should be struck out as an abuse of process under Jameel principles
  3. 3 Whether the words pass the threshold of seriousness

Ratio Decidendi

The words complained of, in their natural and ordinary meaning, impute serious incompetence in business to the claimant, passing the threshold of seriousness for libel and justifying the claim proceeding to trial; the Jameel application to strike out is dismissed as vindication remains a legitimate purpose.

Court Disposition

Jameel application to strike out dismissed; permission to amend paragraphs 3(a) and 3(b) of Particulars of Claim granted by consent; remainder of amendment application dismissed.

Orders

  • Permission to amend paragraphs 3(a) and 3(b) of Particulars of Claim by consent
  • Jameel strike-out application dismissed