Bray v Deutsche Bank AG

Bray v Deutsche Bank AG

Summary judgment is granted in favour of the defendant on the issues of qualified privilege and malice against the Management Board, as the claimant has no real prospect of defeating the defence on those grounds; however, summary judgment is refused on the primary case of malice against X and Y, which is sufficiently particularised and based on admissible evidence to proceed to trial.

Parties
Claimant: Stuart Bray; Defendant: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
12 June 2008
Procedural Posture
Libel Action / Application for Summary Judgment and Application for Trial by Judge Alone
Outcome
Summary judgment granted in part for the defendant; claim proceeds to trial on the primary case of malice against X and Y; application for trial by judge alone refused as premature.
Legal Topics
Libel, Qualified Privilege, Malice, Summary Judgment, Corporate Publication Liability, Mode of Trial
Defamation Media Law Corporate Law Libel Qualified Privilege Malice Summary Judgment Corporate Publication Liability +1 more

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Parties

Stuart Bray

Claimant

Deutsche Bank AG

Defendant

Procedural Posture

Libel Action / Application for Summary Judgment and Application for Trial by Judge Alone

Legal Issues

  1. 1 Whether the Press Release was published on an occasion of qualified privilege
  2. 2 Whether the case on malice against X and Y is sufficiently pleaded to go to trial
  3. 3 Whether the case on malice against the Management Board is sufficiently pleaded

Ratio Decidendi

Summary judgment is granted in favour of the defendant on the issues of qualified privilege and malice against the Management Board, as the claimant has no real prospect of defeating the defence on those grounds; however, summary judgment is refused on the primary case of malice against X and Y, which is sufficiently particularised and based on admissible evidence to proceed to trial.

Court Disposition

Summary judgment granted in part for the defendant; claim proceeds to trial on the primary case of malice against X and Y; application for trial by judge alone refused as premature.

Orders

  • Summary judgment for the defendant on the issues of qualified privilege and malice against the Management Board.
  • Claimant's primary case on malice against X and Y to proceed to trial.