Mayer v Hoar [2012] EWHC 1805 (QB) (05 July 2012)

Mayer v Hoar [2012] EWHC 1805 (QB) (05 July 2012)

The defendant's letter to the Bar Standards Board was written on an occasion of absolute privilege, and the reservation of rights did not amount to a waiver of that privilege; therefore, the libel claim is bound to fail.

Citation
[2012] EWHC 1805
Parties
Claimant: David Mayer; Defendant: Francis Hoar
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Libel Claim / Application to Strike Out Claim
Outcome
Claim dismissed
Legal Topics
Absolute Privilege, Communications to Regulatory Bodies, Libel, Waiver of Privilege
Defamation Professional Regulation Absolute Privilege Communications to Regulatory Bodies Libel Waiver of Privilege

Case Brief

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Parties

David Mayer

Claimant

Francis Hoar

Defendant

Procedural Posture

Libel Claim / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the defendant's letter to the Bar Standards Board was protected by absolute privilege
  2. 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 reservation of rights did not amount to a waiver of that privilege; therefore, the libel claim is bound to fail.

Court Disposition

Claim dismissed

Orders

  • Claim struck out as disclosing no reasonable grounds
  • No need to proceed to claimant's application