Citation Plc v Ellis Whittam Ltd [2012] EWHC 549 (QB) (14 March 2012)

Citation Plc v Ellis Whittam Ltd [2012] EWHC 549 (QB) (14 March 2012)

The claim is struck out as an abuse of process because there is no arguable case for publication to third parties beyond the identified publishee, no real risk of repetition justifying an injunction, and no real or substantial tort; the pursuit of an unqualified undertaking is not a legitimate aim where the...

Source-derived case information.

Citation
[2012] EWHC 549
Parties
Claimant: Citation Plc; Defendant: Ellis Whittam Ltd
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Civil (defamation, Slander, Malicious Falsehood) / Strike Out Application Before Trial
Outcome
Claim struck out as an abuse of process
Legal Topics
Slander, Malicious Falsehood, Permanent Injunction, Abuse of Process, Publication Requirement, Damages
Defamation Tort Law Civil Procedure Slander Malicious Falsehood Permanent Injunction Abuse of Process Publication Requirement +1 more

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Summary, issues, holding and outcome

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Parties

Citation Plc

Claimant

Ellis Whittam Ltd

Defendant

Procedural Posture

Civil (defamation, Slander, Malicious Falsehood) / Strike Out Application Before Trial

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process for lack of real or substantial tort
  2. 2 Whether there is an arguable case of publication to third parties beyond the identified publishee
  3. 3 Whether the claimant has an arguable case for a permanent injunction

Ratio Decidendi

The claim is struck out as an abuse of process because there is no arguable case for publication to third parties beyond the identified publishee, no real risk of repetition justifying an injunction, and no real or substantial tort; the pursuit of an unqualified undertaking is not a legitimate aim where the defendant has already provided practical assurances.

Court Disposition

Claim struck out as an abuse of process

Orders

  • The claim is struck out and dismissed in its entirety.