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, barring the libel claim as a matter of law.

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

Defamation Civil Procedure Absolute Privilege Immunity From Suit Expert Witness Immunity Abuse of Process Family Proceedings Libel

Case Brief

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Parties

Marc Tufano

Claimant

Gareth Vincenti

Defendant

Procedural Posture

Libel Claim / Application to Strike Out Claim / Summary Judgment

Legal Issues

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 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, barring the libel claim as a matter of law.

Court Disposition

Claim struck out; summary judgment for defendant

Orders

Permission granted to defendant to amend defence
Summary judgment granted in favour of defendant on ground of absolute privilege and/or immunity from suit