Citation Plc v Ellis Whittam Ltd

Citation Plc v Ellis Whittam Ltd

The claim is struck out as an abuse of process because there is no arguable case for publication to third parties, no real risk of repetition justifying a permanent injunction, and no real or substantial tort given the absence of actual damage and the Defendant's qualified undertaking.

Parties
Claimant: Citation Plc; Defendant: Ellis Whittam Ltd
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Civil / Strike Out Application
Outcome
Claim struck out as abuse of process
Legal Topics
Slander, Permanent Injunction, Abuse of Process, Corporate Reputation
Defamation Malicious Falsehood Slander Permanent Injunction Abuse of Process Corporate Reputation

Case Brief

Summary, issues, holding and outcome

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Parties

Citation Plc

Claimant

Ellis Whittam Ltd

Defendant

Procedural Posture

Civil / Strike Out Application

Legal Issues

  1. 1 Whether there is an arguable case of publication to third parties beyond Ms Harris
  2. 2 Whether the Claimant has an arguable case for a permanent injunction
  3. 3 Whether the claim constitutes a real and substantial tort

Ratio Decidendi

The claim is struck out as an abuse of process because there is no arguable case for publication to third parties, no real risk of repetition justifying a permanent injunction, and no real or substantial tort given the absence of actual damage and the Defendant's qualified undertaking.

Court Disposition

Claim struck out as abuse of process

Orders

  • Claim dismissed
  • No permanent injunction granted