O'Dwyer v ITV Plc

O'Dwyer v ITV Plc

Permission to amend the particulars of claim is refused because the draft does not disclose a reasonable cause of action, and the original particulars do not disclose a cause of action. The meanings pleaded are not capable of being defamatory or are contradicted by the programme. New causes of action are not properly pleaded. The claim is struck out.

Parties
Claimant: Cornelius O'Dwyer; Defendant: ITV PLC
Jurisdiction
England and Wales
Judgment Date
30 November 2012
Procedural Posture
Civil / Ruling on Application to Amend Particulars of Claim and Strike Out
Outcome
Claim struck out; permission to amend refused.
Legal Topics
Libel, Meaning in Defamation, Amendment of Pleadings, Misuse of Private Information, Copyright, Freedom of Expression, Costs
Defamation Media Law Civil Procedure Libel Meaning in Defamation Amendment of Pleadings Misuse of Private Information Copyright +2 more

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Parties

Cornelius O'Dwyer

Claimant

ITV PLC

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Particulars of Claim and Strike Out

Legal Issues

  1. 1 Whether the words and images broadcast are capable of bearing defamatory meanings
  2. 2 Whether the claimant's draft amended particulars of claim disclose reasonable grounds for bringing the claim
  3. 3 Whether permission to amend should be granted

Ratio Decidendi

Permission to amend the particulars of claim is refused because the draft does not disclose a reasonable cause of action, and the original particulars do not disclose a cause of action. The meanings pleaded are not capable of being defamatory or are contradicted by the programme. New causes of action are not properly pleaded. The claim is 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.