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 damage, evidence suggests real damage occurred, claimants have a genuine intention to vindicate their reputation, and the action serves a legitimate purpose despite no pleaded special damage.

Citation
[2013] EWHC 2374
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 as Abuse of Process
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Corporate Reputation, Presumed Damage, Freedom of Expression, Libel, Damages
Defamation Civil Procedure Abuse of Process Corporate Reputation Presumed Damage Freedom of Expression Libel Damages

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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 as Abuse of Process

Legal Issues

  1. 1 Whether the libel claim constitutes an abuse of process
  2. 2 Whether the claimants suffered real or substantial damage
  3. 3 Whether the claimants are entitled to presumed damage without pleading special damage

Ratio Decidendi

The claim is not an abuse of process because the publication was intended to cause damage, evidence suggests real damage occurred, claimants have a genuine intention to vindicate their reputation, and the action serves a legitimate purpose despite no pleaded special damage.

Court Disposition

Application to strike out dismissed

Orders

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