Stevens v Leicester

Stevens v Leicester

The court held that the occasion was one of qualified privilege and the appellant's arguments regarding the respondent's knowledge were unrealistic. The particulars of malice did not provide a real prospect of success as there was no allegation that the respondent did not believe her remarks to be true.

Parties
Appellant: David Stevens; Respondent: Margaret Leicester
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Orally)
Outcome
application refused
Legal Topics
Qualified Privilege, Malice, Slander, Planning Permission
Defamation Local Government Law Qualified Privilege Malice Slander Planning Permission

Case Brief

Summary, issues, holding and outcome

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Parties

David Stevens

Appellant

Margaret Leicester

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Orally)

Legal Issues

  1. 1 Whether the words complained of were uttered on an occasion of qualified privilege
  2. 2 Whether the appellant should be granted permission to amend to plead malice

Ratio Decidendi

The court held that the occasion was one of qualified privilege and the appellant's arguments regarding the respondent's knowledge were unrealistic. The particulars of malice did not provide a real prospect of success as there was no allegation that the respondent did not believe her remarks to be true.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused
  • Summary judgment for the respondent stands