Bray v Deutsche Bank AG (Rev. 1)

Bray v Deutsche Bank AG (Rev. 1)

The claimant's case on publication by X and Y has a real prospect of success and is fit for trial; the plea of malice against A has no real prospect of success and must be struck out. The defendant's second application for summary judgment on the whole claim is dismissed, but succeeds on the malice issue against A.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Stuart Bray

Claimant

Deutsche Bank AG

Defendant

Procedural Posture

Civil Libel / Interlocutory Application for Summary Judgment

Legal Issues

  1. 1 Whether the claimant has a real prospect of success on the issue of publication by X and Y
  2. 2 Whether the plea of malice against A has a real prospect of success
  3. 3 Whether the defendant's second application for summary judgment is an abuse of process

Ratio Decidendi

The claimant's case on publication by X and Y has a real prospect of success and is fit for trial; the plea of malice against A has no real prospect of success and must be struck out. The defendant's second application for summary judgment on the whole claim is dismissed, but succeeds on the malice issue against A.

Court Disposition

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

Orders

  • Claimant's case on publication by X and Y to proceed to trial.
  • Summary judgment entered for defendant on plea of malice against A.