Jeeg Global Ltd v Hare [2012] EWHC 773 (QB) (29 March 2012)

Jeeg Global Ltd v Hare [2012] EWHC 773 (QB) (29 March 2012)

Assuming the claimant proves the words were spoken and the alleged conduct occurred, there is a real and substantial prospect that a trial court would grant a final injunction; therefore, the action is not an abuse of process and should not be struck out.

Citation
[2012] EWHC 773
Parties
Claimant: Jeeg Global Limited; Defendant: John Hare
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil (defamation/injunction) / Interlocutory Application to Strike Out Claim as Abuse of Process
Outcome
Application to strike out the claim as an abuse of process refused.
Legal Topics
Abuse of Process, Injunctions, Freedom of Expression, Slander, Pre Action Protocol
Defamation Civil Procedure Abuse of Process Injunctions Freedom of Expression Slander Pre Action Protocol

Case Brief

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Parties

Jeeg Global Limited

Claimant

John Hare

Defendant

Procedural Posture

Civil (defamation/injunction) / Interlocutory Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process under the Jameel principle due to lack of real and substantial tort or disproportionate pursuit
  2. 2 Whether there is a real risk of further publication justifying a final injunction

Ratio Decidendi

Assuming the claimant proves the words were spoken and the alleged conduct occurred, there is a real and substantial prospect that a trial court would grant a final injunction; therefore, the action is not an abuse of process and should not be struck out.

Court Disposition

Application to strike out the claim as an abuse of process refused.

Orders

  • Claim not struck out; proceedings to continue.