Hayter v Fahie

Hayter v Fahie

Permission to appeal is granted on the ground that there is an arguable point as to whether the applicant could be reckless as to the truth of an implied meaning of which he was unaware, and on the ground that the judge failed to address the abuse of process defence. Permission to appeal on the meaning of the words and to amend to plead absolute privilege is refused.

Parties
Appellant: Hayter; Respondent: Fahie
Jurisdiction
England and Wales
Judgment Date
06 May 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted in part
Legal Topics
Qualified Privilege, Malice, Summary Judgment, Absolute Privilege, Meaning of Defamatory Statements
Defamation Civil Procedure Qualified Privilege Malice Summary Judgment Absolute Privilege Meaning of Defamatory Statements

Case Brief

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Parties

Hayter

Appellant

Fahie

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in finding malice and rejecting qualified privilege based on the applicant's recklessness regarding the truth of the implied meaning in the defamatory statement
  2. 2 Whether the judge failed to address the abuse of process defence
  3. 3 Whether the judge's finding on the meaning of the words was reasonable

Ratio Decidendi

Permission to appeal is granted on the ground that there is an arguable point as to whether the applicant could be reckless as to the truth of an implied meaning of which he was unaware, and on the ground that the judge failed to address the abuse of process defence. Permission to appeal on the meaning of the words and to amend to plead absolute privilege is refused.

Court Disposition

permission to appeal granted in part

Orders

  • Permission to appeal granted on the ground relating to recklessness and malice and on the abuse of process defence.
  • Permission to appeal on the meaning of the words refused.