Mama Group Ltd & Anor v Sinclair & Anor [2013] EWHC 2374 (QB) (30 July 2013)

Mama Group Ltd & Anor v Sinclair & Anor [2013] EWHC 2374 (QB) (30 July 2013)

The claim is not an abuse of process because the publication was intended to cause reputational damage, evidence shows real responses and potential harm, claimants have a genuine intention to vindicate reputation, and the absence of pleaded special damage does not render the action illegitimate. The Defamation Act 2013 provisions do not apply as they are not yet in force and do not affect pre-existing causes of action.

Citation
[2013] EWHC 2374 (QB)
Parties
Claimant: Mama Group Limited; Claimant: Lovebox Festivals Limited; Defendant: Daniel Sinclair; Defendant: Alexandra Joseph
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Libel / Application to Strike Out Claim Prior to Jury Trial
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Corporate Reputation, Presumed Damages, Freedom of Expression, Defamation Act 2013 Commencement
Defamation Civil Procedure Abuse of Process Corporate Reputation Presumed Damages Freedom of Expression Defamation Act 2013 Commencement

Case Brief

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Parties

Mama Group Limited

Claimant

Lovebox Festivals Limited

Claimant

Daniel Sinclair

Defendant

Alexandra Joseph

Defendant

Procedural Posture

Libel / Application to Strike Out Claim Prior to Jury Trial

Legal Issues

  1. 1 Whether the libel claim constitutes an abuse of process under Jameel principles
  2. 2 Whether the claimants suffered real or substantial damage to reputation
  3. 3 Applicability of Defamation Act 2013 to pre-existing causes of action

Ratio Decidendi

The claim is not an abuse of process because the publication was intended to cause reputational damage, evidence shows real responses and potential harm, claimants have a genuine intention to vindicate reputation, and the absence of pleaded special damage does not render the action illegitimate. The Defamation Act 2013 provisions do not apply as they are not yet in force and do not affect pre-existing causes of action.

Court Disposition

Application to strike out dismissed

Orders

  • Further applications, Pre-Trial Review, and cost budgeting to be addressed