O'Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)

O'Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)

The claimant's draft amended particulars of claim did not disclose any reasonable cause of action in libel or the other pleaded torts. The words and images complained of were not capable of bearing the defamatory meanings alleged, or, where arguably capable, the claimant had no real prospect of success. The new causes of action for misuse of private information, breach of freedom of expression, and copyright infringement were not properly pleaded or known to law. Permission to amend was refused and the claim was struck out.

Citation
[2012] EWHC 3321
Parties
Claimant: Cornelius O'Dwyer; Defendant: ITV PLC
Jurisdiction
England and Wales
Judgment Date
30 November 2012
Procedural Posture
Civil Defamation (libel) and Related Claims / Application to Amend Particulars of Claim and Strike Out
Outcome
Claim struck out; permission to amend refused.
Legal Topics
Libel, Meaning of Defamatory Statements, Amendment of Pleadings, Misuse of Private Information, Copyright Infringement, Freedom of Expression, Costs in Litigation
Defamation Media Law Civil Procedure Libel Meaning of Defamatory Statements Amendment of Pleadings Misuse of Private Information Copyright Infringement +2 more

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Parties

Cornelius O'Dwyer

Claimant

ITV PLC

Defendant

Procedural Posture

Civil Defamation (libel) and Related Claims / Application to Amend Particulars of Claim and Strike Out

Legal Issues

  1. 1 Whether the words and images broadcast by ITV were capable of bearing defamatory meanings alleged by the claimant
  2. 2 Whether the claimant's draft amended particulars of claim disclosed a reasonable cause of action in libel, misuse of private information, copyright infringement, or breach of freedom of expression
  3. 3 Whether permission to amend should be granted and/or the claim should be struck out

Ratio Decidendi

The claimant's draft amended particulars of claim did not disclose any reasonable cause of action in libel or the other pleaded torts. The words and images complained of were not capable of bearing the defamatory meanings alleged, or, where arguably capable, the claimant had no real prospect of success. The new causes of action for misuse of private information, breach of freedom of expression, and copyright infringement were not properly pleaded or known to law. Permission to amend was refused and the claim was struck out.

Court Disposition

Claim struck out; permission to amend refused.

Orders

  • Permission to amend the particulars of claim is refused.
  • The claim is struck out.