Tufano v Vincenti

Tufano v Vincenti

The Defendant's report, prepared as an expert witness for use in judicial proceedings, is protected by absolute privilege and/or immunity from suit, precluding any action for defamation based on its contents.

Parties
Claimant: Marc Tufano; Defendant: Gareth Vincenti
Jurisdiction
England and Wales
Judgment Date
23 June 2006
Procedural Posture
Civil / Summary Judgment Application
Outcome
Claim struck out; summary judgment for Defendant
Legal Topics
Absolute Privilege, Immunity From Suit, Expert Witness, Strike Out Application, Abuse of Process
Defamation Civil Procedure Absolute Privilege Immunity From Suit Expert Witness Strike Out Application Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Marc Tufano

Claimant

Gareth Vincenti

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendant's report is protected by absolute privilege or immunity from suit
  2. 2 Whether the libel proceedings constitute an abuse of process

Ratio Decidendi

The Defendant's report, prepared as an expert witness for use in judicial proceedings, is protected by absolute privilege and/or immunity from suit, precluding any action for defamation based on its contents.

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 the ground of absolute privilege and/or immunity from suit