Hunt v Evening Standard Ltd

Hunt v Evening Standard Ltd

Passages in the Defence that lacked sufficient particularity, were irrelevant, or offended the repetition or conduct rules were struck out. However, the plea of general bad reputation was sufficiently pleaded and not struck out. The application succeeded only in part.

Parties
Claimant: David Hunt; Defendant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Civil Defamation (libel) / Interlocutory Application to Strike Out Parts of Defence
Outcome
Application partially allowed
Legal Topics
Pleading Requirements, Justification Defence, Mitigation of Damages, General Bad Reputation, Striking Out Pleadings

Case Brief

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Parties

David Hunt

Claimant

Evening Standard Limited

Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Application to Strike Out Parts of Defence

  1. 1 Whether certain passages in the Defence should be struck out as irrelevant or lacking in particularity
  2. 2 Whether particulars of justification comply with the conduct and repetition rules
  3. 3 Admissibility and pleading of general bad reputation in mitigation of damages

Ratio Decidendi

Passages in the Defence that lacked sufficient particularity, were irrelevant, or offended the repetition or conduct rules were struck out. However, the plea of general bad reputation was sufficiently pleaded and not struck out. The application succeeded only in part.

Court Disposition

Application partially allowed

Orders

  • Paragraphs 6.1, 6.2, 6.7, 6.8, 6.9, 6.11 (only the words 'and living off immoral earnings'), and 6.12 of the Defence are struck out to the extent indicated.
  • The remainder of the application is dismissed.