Daniels v Griffiths [2001] EWCA Civ 1376 (31 July 2001)

Daniels v Griffiths [2001] EWCA Civ 1376 (31 July 2001)

Permission to appeal is granted because there is an arguable point that the judge may have failed to consider whether he had discretion to proceed summarily under the new test in light of a prior appellate decision, and because the handling of the express malice plea may also be open to challenge.

Citation
[2001] EWCA Civ 1376
Parties
Applicant: David Anthony Daniels; Respondent: Lynne Griffiths
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Appeal / Application for Permission to Appeal Against Summary Dismissal
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Summary Judgment, Jurisdiction, Express Malice, Change in Legal Test, Permission to Appeal
Defamation Civil Procedure Summary Judgment Jurisdiction Express Malice Change in Legal Test Permission to Appeal

Case Brief

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Parties

David Anthony Daniels

Applicant

Lynne Griffiths

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal Against Summary Dismissal

Legal Issues

  1. 1 Whether the judge had discretion to summarily determine the case under the new legal test despite a prior Court of Appeal decision under the old test
  2. 2 Whether the judge adequately addressed the plea of express malice, which is typically a jury question

Ratio Decidendi

Permission to appeal is granted because there is an arguable point that the judge may have failed to consider whether he had discretion to proceed summarily under the new test in light of a prior appellate decision, and because the handling of the express malice plea may also be open to challenge.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal against the order dated 5 February 2001 granted
  • Applications for permission to appeal against orders dated 27 February and 22 March 2001 refused