Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (QB) (16 April 2014)

Meadows Care Ltd & Anor v Lambert & Anor [2014] EWHC 1226 (QB) (16 April 2014)

The words complained of, taken as a whole, were an expression of opinion about systemic and legislative failings in the regulation of private care homes, not an allegation of culpable behaviour or negligence by the claimants or their staff. Therefore, the words do not bear any meaning defamatory of the claimants and the claim has no prospect of success.

Citation
[2014] EWHC 1226
Parties
Claimant: Meadows Care Limited; Claimant: Pathfinders Childcare Limited; Defendant: Colin Lambert; Defendant: Rochdale Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Slander/defamation / Interlocutory Application for Permission to Re Amend Particulars of Claim and Determination of Meaning
Outcome
Claim dismissed; permission to re-amend refused.
Legal Topics
Slander, Defamatory Meaning, Expression of Opinion Vs Statement of Fact, Permission to Amend Pleadings
Defamation Tort Slander Defamatory Meaning Expression of Opinion Vs Statement of Fact Permission to Amend Pleadings

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Parties

Meadows Care Limited

Claimant

Pathfinders Childcare Limited

Claimant

Colin Lambert

Defendant

Rochdale Metropolitan Borough Council

Defendant

Procedural Posture

Slander/defamation / Interlocutory Application for Permission to Re Amend Particulars of Claim and Determination of Meaning

Legal Issues

  1. 1 Whether the words spoken by the first defendant were defamatory of the claimants
  2. 2 Whether the words were statements of fact or expressions of opinion
  3. 3 Whether permission should be granted to re-amend the Particulars of Claim

Ratio Decidendi

The words complained of, taken as a whole, were an expression of opinion about systemic and legislative failings in the regulation of private care homes, not an allegation of culpable behaviour or negligence by the claimants or their staff. Therefore, the words do not bear any meaning defamatory of the claimants and the claim has no prospect of success.

Court Disposition

Claim dismissed; permission to re-amend refused.

Orders

  • Permission to re-amend Particulars of Claim refused.
  • Claim dismissed.