Wright v Gregson & Ors

Wright v Gregson & Ors

The first and second articles, when read as a whole, are not capable of bearing the defamatory meanings alleged by the claimant and should be struck out. The third and fourth articles are capable of bearing defamatory meanings and should proceed to trial. The Fourth Defendant should be removed as it was not responsible for publication. The claim for exemplary damages is unsustainable and should be struck out.

Parties
Claimant: Kevin John Wright; Defendant: Eleanor Gregson; Defendant: Marc Astley; Defendant: Express & Echo News & Media Limited; Defendant: Northcliffe Media Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2010
Procedural Posture
Civil (libel/defamation) / Interlocutory Application (meaning, Strike Out, Summary Judgment, Removal of Party, Exemplary Damages)
Outcome
Partial strike out and removal of party; claim proceeds in part
Legal Topics
Meaning in Defamation, Strike Out Application, Summary Judgment, Exemplary Damages, Removal of Party
Defamation Media Law Civil Procedure Meaning in Defamation Strike Out Application Summary Judgment Exemplary Damages Removal of Party

Case Brief

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Parties

Kevin John Wright

Claimant

Eleanor Gregson

Defendant

Marc Astley

Defendant

Express & Echo News & Media Limited

Defendant

Northcliffe Media Limited

Defendant

Procedural Posture

Civil (libel/defamation) / Interlocutory Application (meaning, Strike Out, Summary Judgment, Removal of Party, Exemplary Damages)

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meanings alleged by the claimant
  2. 2 Whether the particulars of claim should be struck out or summary judgment granted
  3. 3 Whether the Fourth Defendant should be removed as a party

Ratio Decidendi

The first and second articles, when read as a whole, are not capable of bearing the defamatory meanings alleged by the claimant and should be struck out. The third and fourth articles are capable of bearing defamatory meanings and should proceed to trial. The Fourth Defendant should be removed as it was not responsible for publication. The claim for exemplary damages is unsustainable and should be struck out.

Court Disposition

Partial strike out and removal of party; claim proceeds in part

Orders

  • The particulars of claim relating to the first and second articles are struck out or summary judgment entered for the defendants on those parts.
  • The claim against the Fourth Defendant (Northcliffe Media Limited) is struck out and the party removed.