Mincione v Gedi Gruppo Editoriale Spa [2023] EWHC 3029 (KB) (30 November 2023)

Mincione v Gedi Gruppo Editoriale Spa [2023] EWHC 3029 (KB) (30 November 2023)

The defendant's pleaded defence of truth is sufficiently particularised and capable of establishing the substantial truth of the defamatory imputations; it is not bound to fail, is not an abuse of process, and does not fail to comply with procedural rules. The application to strike out the defence is refused.

Citation
[2023] EWHC 3029 (KB)
Parties
Claimant: Raffaele Mincione; Defendant: Gedi Gruppo Editoriale SpA
Jurisdiction
England and Wales
Judgment Date
30 November 2023
Procedural Posture
Libel/defamation / Interlocutory Application to Strike Out Defence of Truth
Outcome
Application refused
Legal Topics
Libel, Defence of Truth, Pleading Requirements, Strike Out Applications, Defamation Act 2013, Chase Levels
Media Law Defamation Libel Defence of Truth Pleading Requirements Strike Out Applications Defamation Act 2013 Chase Levels

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Parties

Raffaele Mincione

Claimant

Gedi Gruppo Editoriale SpA

Defendant

Procedural Posture

Libel/defamation / Interlocutory Application to Strike Out Defence of Truth

Legal Issues

  1. 1 Whether the defendant's pleaded defence of substantial truth under section 2 of the Defamation Act 2013 is sufficiently particularised and capable of succeeding
  2. 2 Whether the defence should be struck out under CPR r 3.4(2)(a), (b), or (c)

Ratio Decidendi

The defendant's pleaded defence of truth is sufficiently particularised and capable of establishing the substantial truth of the defamatory imputations; it is not bound to fail, is not an abuse of process, and does not fail to comply with procedural rules. The application to strike out the defence is refused.

Court Disposition

Application refused

Orders

  • Application to strike out paragraphs 15 to 54, 57, 60, 64, and 70 of the Amended Defence is refused.