Smith v Baker [2021] EWHC 348 (QB) (18 February 2021)

Smith v Baker [2021] EWHC 348 (QB) (18 February 2021)

The amended defence and counterclaim failed to remedy the defects previously identified, lacking proper particularisation and factual basis for the pleaded defences. The defence is struck out except for issues of serious harm and meaning, which the defendant may still contest. The counterclaim is not struck out in its entirety as, despite defects, it contains triable issues once the defective paragraphs are removed.

Citation
[2021] EWHC 348
Parties
Claimant: Samuel Collingwood Smith; Defendant: Esther Ruth Baker
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Civil Defamation and Harassment / Interlocutory Application for Strike Out and Summary Judgment
Outcome
Defence struck out except for issues of serious harm and meaning; specified paragraphs of the counterclaim struck out; counterclaim otherwise allowed to proceed.
Legal Topics
Strike Out Applications, Summary Judgment, Pleadings, Serious Harm, Qualified Privilege, Public Interest Defence, Truth Defence, Protection From Harassment Act 1997
Defamation Harassment Civil Procedure Strike Out Applications Summary Judgment Pleadings Serious Harm Qualified Privilege +3 more

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 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Samuel Collingwood Smith

Claimant

Esther Ruth Baker

Defendant

Procedural Posture

Civil Defamation and Harassment / Interlocutory Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the amended defence and counterclaim should be struck out for non-compliance with pleading requirements
  2. 2 Whether summary judgment should be granted on the claim and counterclaim
  3. 3 Whether the defences of truth, qualified privilege, and public interest are properly pleaded

Ratio Decidendi

The amended defence and counterclaim failed to remedy the defects previously identified, lacking proper particularisation and factual basis for the pleaded defences. The defence is struck out except for issues of serious harm and meaning, which the defendant may still contest. The counterclaim is not struck out in its entirety as, despite defects, it contains triable issues once the defective paragraphs are removed.

Court Disposition

Defence struck out except for issues of serious harm and meaning; specified paragraphs of the counterclaim struck out; counterclaim otherwise allowed to proceed.

Orders

  • Defence struck out except for issues of serious harm and meaning.
  • Specified paragraphs of the counterclaim struck out as detailed in the judgment.