Hughes v Alan Dick Company Ltd

Hughes v Alan Dick Company Ltd

There is no realistic prospect of a successful appeal because the costs order was within the judge's discretion and the substantive legal issues raised have not yet been determined at trial. The application is premature and does not merit appellate intervention at this stage.

Parties
Applicant: Hughes; Respondent: Alan Dick Company Limited
Jurisdiction
England and Wales
Judgment Date
24 February 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Slander, Default Judgment, Setting Aside Judgment, Qualified Privilege, Absolute Privilege, Costs
Defamation Civil Procedure Slander Default Judgment Setting Aside Judgment Qualified Privilege Absolute Privilege Costs

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Parties

Hughes

Applicant

Alan Dick Company Limited

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the High Court erred in setting aside default judgment for slander
  2. 2 Whether the costs order against the claimant was erroneous
  3. 3 Whether issues of privilege and malice in defamation warranted appellate review at this stage

Ratio Decidendi

There is no realistic prospect of a successful appeal because the costs order was within the judge's discretion and the substantive legal issues raised have not yet been determined at trial. The application is premature and does not merit appellate intervention at this stage.

Court Disposition

Application refused

Orders

  • Permission to appeal refused