Wright v Caan [2011] EWHC 1978 (QB) (27 July 2011)

Wright v Caan [2011] EWHC 1978 (QB) (27 July 2011)

The words complained of were not capable of bearing the defamatory or malicious falsehood meanings pleaded, whether as natural and ordinary meanings or as innuendo, and the pleadings in malicious falsehood failed to establish a likelihood of pecuniary damage; therefore, permission to amend the Particulars of Claim was refused and the claims were struck out.

Citation
[2011] EWHC 1978 (QB)
Parties
Claimant: Sharon Wright; Defendant: James Caan
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Civil (libel and Malicious Falsehood) / Application for Permission to Amend Particulars of Claim and Strike Out
Outcome
Permission to amend Particulars of Claim refused; claims in libel and malicious falsehood struck out.
Legal Topics
Libel, Malicious Falsehood, Pleadings, Amendment of Pleadings, Meaning of Words, Innuendo, Pecuniary Damage
Defamation Tort Libel Malicious Falsehood Pleadings Amendment of Pleadings Meaning of Words Innuendo +1 more

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Parties

Sharon Wright

Claimant

James Caan

Defendant

Procedural Posture

Civil (libel and Malicious Falsehood) / Application for Permission to Amend Particulars of Claim and Strike Out

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory or malicious falsehood meanings pleaded
  2. 2 Whether the pleadings in defamation and malicious falsehood are sustainable and should be allowed to be amended
  3. 3 Whether the claim in malicious falsehood is properly pleaded and capable of succeeding

Ratio Decidendi

The words complained of were not capable of bearing the defamatory or malicious falsehood meanings pleaded, whether as natural and ordinary meanings or as innuendo, and the pleadings in malicious falsehood failed to establish a likelihood of pecuniary damage; therefore, permission to amend the Particulars of Claim was refused and the claims were struck out.

Court Disposition

Permission to amend Particulars of Claim refused; claims in libel and malicious falsehood struck out.