Bray v Deutsche Bank AG (Rev. 1) [2009] EWHC 1356 (QB) (18 June 2009)

Bray v Deutsche Bank AG (Rev. 1) [2009] EWHC 1356 (QB) (18 June 2009)

The Claimant's case on publication and malice against X and Y is fit for trial and not fanciful, but the plea of malice against A lacks real prospect of success and must be struck out.

Source-derived case information.

Citation
[2009] EWHC 1356
Parties
Claimant: Stuart Bray; Defendant: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Libel Action / Interlocutory Applications for Summary Judgment and Strike Out
Outcome
Defendant's second application for summary judgment against the Claimant on the whole claim dismissed; Defendant's application for summary judgment on the plea of malice relating to A succeeds.
Legal Topics
Libel, Summary Judgment, Malice, Qualified Privilege, Abuse of Process
Defamation Civil Procedure Libel Summary Judgment Malice Qualified Privilege Abuse of Process

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Summary, issues, holding and outcome

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Parties

Stuart Bray

Claimant

Deutsche Bank AG

Defendant

Procedural Posture

Libel Action / Interlocutory Applications for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the Claimant has a real prospect of success on the publication issue against X and Y
  2. 2 Whether the plea of malice against A has a real prospect of success
  3. 3 Whether the Defendant's approach constitutes abuse of process

Ratio Decidendi

The Claimant's case on publication and malice against X and Y is fit for trial and not fanciful, but the plea of malice against A lacks real prospect of success and must be struck out.

Court Disposition

Defendant's second application for summary judgment against the Claimant on the whole claim dismissed; Defendant's application for summary judgment on the plea of malice relating to A succeeds.

Orders

  • Summary judgment against the Claimant on the plea of malice relating to A
  • Claimant's case on publication and malice against X and Y to proceed to trial