Barron & Ors v Collins [2016] EWHC 3350 (QB) (22 December 2016)

Barron & Ors v Collins [2016] EWHC 3350 (QB) (22 December 2016)

The defendant gave informed consent to the offer of amends, was properly advised, and personally authorised the offer. The offer was accepted by the claimants and is enforceable. No special or exceptional circumstances exist to justify vacating the agreement. Parliamentary immunity does not apply as the statements...

Source-derived case information.

Citation
[2016] EWHC 3350
Parties
Claimant: Sir Kevin Barron MP; Claimant: Rt Hon John Healey MP; Claimant: Sarah Champion; Defendant: Jane Collins MEP
Jurisdiction
England and Wales
Judgment Date
22 December 2016
Procedural Posture
Defamation (libel and Slander) / Application to Vacate Accepted Offer of Amends Under Defamation Act 1996
Outcome
Application to vacate the offer of amends dismissed.
Legal Topics
Offer of Amends, Enforceability of Settlement, Parliamentary Immunity, Serious Harm Threshold, Truth Defence, Public Interest Defence, Freedom of Expression
Defamation Civil Procedure European Law Offer of Amends Enforceability of Settlement Parliamentary Immunity Serious Harm Threshold Truth Defence +2 more

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Summary, issues, holding and outcome

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Parties

Sir Kevin Barron MP

Claimant

Rt Hon John Healey MP

Claimant

Sarah Champion

Claimant

Jane Collins MEP

Defendant

Procedural Posture

Defamation (libel and Slander) / Application to Vacate Accepted Offer of Amends Under Defamation Act 1996

Legal Issues

  1. 1 Whether the defendant should be permitted to vacate an accepted offer of amends under the Defamation Act 1996
  2. 2 Whether the defendant gave informed consent to the offer of amends
  3. 3 Whether Parliamentary immunity applies to the defendant's statements

Ratio Decidendi

The defendant gave informed consent to the offer of amends, was properly advised, and personally authorised the offer. The offer was accepted by the claimants and is enforceable. No special or exceptional circumstances exist to justify vacating the agreement. Parliamentary immunity does not apply as the statements were not made in direct connection with MEP duties. The application to vacate is dismissed.

Court Disposition

Application to vacate the offer of amends dismissed.

Orders

  • Hearing of the assessment of damages application fixed for 31 January 2017.