Jeeg Global Ltd v Hare

Jeeg Global Ltd v Hare

Assuming the claimant proves the words were spoken and the alleged background of aggressive behaviour, 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 at this stage.

Parties
Claimant: Jeeg Global Limited; Defendant: John Hare
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil / Interlocutory Application to Strike Out Claim as Abuse of Process
Outcome
Application to strike out claim as abuse of process refused
Legal Topics
Abuse of Process, Injunctions, Slander, Freedom of Expression
Defamation Civil Procedure Abuse of Process Injunctions Slander Freedom of Expression

Case Brief

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Parties

Jeeg Global Limited

Claimant

John Hare

Defendant

Procedural Posture

Civil / 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 due to lack of real and substantial tort or disproportionate pursuit of proceedings
  2. 2 Whether there is a real risk of repetition of the alleged defamatory statement justifying an injunction

Ratio Decidendi

Assuming the claimant proves the words were spoken and the alleged background of aggressive behaviour, 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 at this stage.

Court Disposition

Application to strike out claim as abuse of process refused