King v Grundon [2012] EWHC 2719 (QB) (11 May 2012)

King v Grundon [2012] EWHC 2719 (QB) (11 May 2012)

The claim was struck out as an abuse of process because the claimant had no reputation capable of vindication due to his serious criminal convictions and disbarment, the words complained of were substantially true, there was no evidence of substantial publication within the jurisdiction, and the first publication was protected by absolute privilege as litigation correspondence.

Citation
[2012] EWHC 2719
Parties
Claimant: John King; Defendant: Colin Grundon
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Libel Claim (defamation) / Application to Strike Out Claim And/or Summary Judgment
Outcome
Claim struck out; judgment for the Defendant.
Legal Topics
Libel, Abuse of Process, Summary Judgment, Absolute Privilege, Justification (truth), Publication, Reputation, Proportionality
Defamation Civil Procedure Libel Abuse of Process Summary Judgment Absolute Privilege Justification (truth) Publication +2 more

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Parties

John King

Claimant

Colin Grundon

Defendant

Procedural Posture

Libel Claim (defamation) / Application to Strike Out Claim And/or Summary Judgment

Legal Issues

  1. 1 Whether the libel claim constitutes an abuse of process under the Jameel principle
  2. 2 Whether the words complained of are substantially true (justification)
  3. 3 Whether the first publication is protected by absolute privilege as litigation correspondence

Ratio Decidendi

The claim was struck out as an abuse of process because the claimant had no reputation capable of vindication due to his serious criminal convictions and disbarment, the words complained of were substantially true, there was no evidence of substantial publication within the jurisdiction, and the first publication was protected by absolute privilege as litigation correspondence.

Court Disposition

Claim struck out; judgment for the Defendant.

Orders

  • Claim dismissed as an abuse of process and/or on summary judgment.
  • No injunction granted.