King v Grundon

King v Grundon

The claim is struck out as an abuse of process because the Claimant has no reputation capable of being vindicated due to his conviction and disbarment, the statements are substantially true, and the first publication is protected by absolute privilege as litigation correspondence.

Parties
Claimant: John King; Defendant: Colin Grundon
Jurisdiction
England and Wales
Judgment Date
11 May 2012
Procedural Posture
Civil / Summary Judgment / Strike Out Application
Outcome
Claim struck out; judgment for the Defendant
Legal Topics
Libel, Abuse of Process, Summary Judgment, Absolute Privilege, Justification Defence
Defamation Civil Procedure Libel Abuse of Process Summary Judgment Absolute Privilege Justification Defence

Case Brief

Summary, issues, holding and outcome

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Parties

John King

Claimant

Colin Grundon

Defendant

Procedural Posture

Civil / Summary Judgment / Strike Out Application

Legal Issues

  1. 1 Whether the libel claim constitutes an abuse of process under Jameel principles
  2. 2 Whether the statements complained of are substantially true
  3. 3 Whether the first publication is protected by absolute privilege

Ratio Decidendi

The claim is struck out as an abuse of process because the Claimant has no reputation capable of being vindicated due to his conviction and disbarment, the statements are substantially true, and the first publication is protected by absolute privilege as litigation correspondence.

Court Disposition

Claim struck out; judgment for the Defendant

Orders

  • Claim dismissed
  • Judgment for the Defendant