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 real or substantial tort: the claimant has no evidence of actual damage, no real risk of repetition justifying an injunction, and the pursuit of an unqualified undertaking is not a legitimate aim of the action. The claim is speculative regarding...

Source-derived case information.

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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Citation Plc

Claimant

Ellis Whittam Ltd

Defendant

Procedural Posture

Slander and Malicious Falsehood / Application to Strike Out Claim 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 real or substantial tort: the claimant has no evidence of actual damage, no real risk of repetition justifying an injunction, and the pursuit of an unqualified undertaking is not a legitimate aim of the action. The claim is speculative regarding publication to third parties and does not meet the threshold for proceeding to trial.

Court Disposition

Claim struck out as abuse of process

Orders

  • Claim dismissed in its entirety