Jeeg Global Ltd v Hare [2012] EWHC 773 (QB) (29 March 2012)
Assuming the claimant proves the words were spoken and the background of aggressive behaviour, there is a real and substantial prospect that a trial court would grant a final injunction; therefore, the claim is not an abuse of process and should not be struck out.
- Citation
- [2012] EWHC 773 (QB)
- 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 refused
- Legal Topics
- Abuse of Process, Injunctions, Freedom of Expression, Slander, Human Rights Act S.12, Pre Action Protocol
Case Brief
Summary, issues, holding and outcome
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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 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 Whether there is a real risk of repetition of the alleged defamatory statement justifying a final injunction
Ratio Decidendi
Assuming the claimant proves the words were spoken and the background of aggressive behaviour, there is a real and substantial prospect that a trial court would grant a final injunction; therefore, the claim is not an abuse of process and should not be struck out.
Court Disposition
Application to strike out refused
Orders
- Claim not struck out; proceedings to continue
Full Case Text
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