Mayer v Hoar

The Defendant's letter to the Bar Standards Board was written on an occasion of absolute privilege, and the claim for libel is bound to fail as a matter of law.

Parties: Claimant: David Mayer; Defendant: Francis Hoar
Jurisdiction: England and Wales
Judgment Date: 05 July 2012
Procedural Posture: Civil Libel / Application to Strike Out Claim / Summary Judgment
Outcome: Claim dismissed
Legal Topics: Absolute Privilege, Communications to Regulatory Bodies, Waiver of Privilege

Defamation Professional Regulation Absolute Privilege Communications to Regulatory Bodies Waiver of Privilege

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Parties

David Mayer

Claimant

Francis Hoar

Defendant

Procedural Posture

Civil Libel / Application to Strike Out Claim / Summary Judgment

Legal Issues

1 Whether the Defendant's letter to the Bar Standards Board is protected by absolute privilege
2 Whether the Defendant waived absolute privilege by reserving the right to sue for libel

Ratio Decidendi

The Defendant's letter to the Bar Standards Board was written on an occasion of absolute privilege, and the claim for libel is bound to fail as a matter of law.

Court Disposition

Claim dismissed

Orders

Claim for libel dismissed
No need to proceed to Mr Mayer’s application