Duke v The University of Salford

Duke v The University of Salford

The appeal is allowed and the claim struck out as an abuse of process because the words complained of, in substance and reality, are directed at individuals (Dr Graves and Professor Hall) rather than the University itself, and any damage to the University's reputation is purely incidental. There is no real or substantial tort against the University, nor any tangible advantage in vindicating its reputation while allegations against the individuals remain unresolved.

Parties
Appellant/defendant: Dr Gary Paul Duke; Respondent/claimant: The University of Salford
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Libel / Appeal From Refusal to Strike Out Claim
Outcome
appeal allowed; claim struck out as abuse of process
Legal Topics
Corporate Defamation, Capacity to Sue for Libel, Abuse of Process, Jameel Principle
Defamation Civil Procedure Corporate Defamation Capacity to Sue for Libel Abuse of Process Jameel Principle

Case Brief

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Parties

Dr Gary Paul Duke

Appellant/defendant

The University of Salford

Respondent/claimant

Procedural Posture

Libel / Appeal From Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether a university can sue for libel
  2. 2 Whether the claim should be struck out as an abuse of process under the Jameel principle

Ratio Decidendi

The appeal is allowed and the claim struck out as an abuse of process because the words complained of, in substance and reality, are directed at individuals (Dr Graves and Professor Hall) rather than the University itself, and any damage to the University's reputation is purely incidental. There is no real or substantial tort against the University, nor any tangible advantage in vindicating its reputation while allegations against the individuals remain unresolved.

Court Disposition

appeal allowed; claim struck out as abuse of process

Orders

  • The claim by the University of Salford is struck out.