Tufano v Vincenti [2006] EWHC 1496 (QB) (23 June 2006)

Tufano v Vincenti [2006] EWHC 1496 (QB) (23 June 2006)

The Defendant's report, prepared as an expert witness for family court proceedings, is protected by absolute privilege and/or immunity from suit; therefore, the libel claim cannot proceed.

Citation
[2006] EWHC 1496
Parties
Claimant: Marc Tufano; Defendant: Gareth Vincenti
Jurisdiction
England and Wales
Judgment Date
23 June 2006
Procedural Posture
Libel Proceedings / Application to Strike Out Claim / Summary Judgment
Outcome
Summary judgment granted for Defendant; claim struck out.
Legal Topics
Absolute Privilege, Immunity From Suit, Expert Witness Immunity, Abuse of Process
Defamation Civil Procedure Absolute Privilege Immunity From Suit Expert Witness Immunity Abuse of Process

Case Brief

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Parties

Marc Tufano

Claimant

Gareth Vincenti

Defendant

Procedural Posture

Libel Proceedings / Application to Strike Out Claim / Summary Judgment

Legal Issues

  1. 1 Whether an expert witness's report prepared for family court proceedings is protected by absolute privilege or immunity from suit in libel proceedings
  2. 2 Whether the claim constitutes an abuse of process

Ratio Decidendi

The Defendant's report, prepared as an expert witness for family court proceedings, is protected by absolute privilege and/or immunity from suit; therefore, the libel claim cannot proceed.

Court Disposition

Summary judgment granted for Defendant; claim struck out.

Orders

  • Permission granted to Defendant to amend defence
  • Summary judgment granted for Defendant on ground of absolute privilege and/or immunity from suit