Jupiter Unit Trust Managers Ltd v. Johnson Fry Asset Managers Plc [2000] EWHC QB 110 (19th April, 2000)

Jupiter Unit Trust Managers Ltd v. Johnson Fry Asset Managers Plc [2000] EWHC QB 110 (19th April, 2000)

The advertisements were not capable of bearing any defamatory meaning of Jupiter to the ordinary reasonable reader; the claim in malicious falsehood had no real prospect of success as the advertisements did not overstep permissible limits of disparagement; and a binding compromise agreement was reached and honored, extinguishing all claims.

Citation
[2000] EWHC QB 110
Parties
Claimant: Jupiter Unit Trust Managers Limited; Defendant: Johnson Fry Asset Managers Plc
Jurisdiction
England and Wales
Procedural Posture
Civil / Judgment on Preliminary Issues and Summary Judgment Application
Outcome
Judgment for the Defendant on all heads of claim; Claim struck out.
Legal Topics
Libel, Malicious Falsehood, Comparative Advertising, Compromise Agreement, Summary Judgment
Defamation Commercial Law Contract Law Libel Malicious Falsehood Comparative Advertising Compromise Agreement Summary Judgment

Case Brief

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Parties

Jupiter Unit Trust Managers Limited

Claimant

Johnson Fry Asset Managers Plc

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues and Summary Judgment Application

Legal Issues

  1. 1 Whether the advertisements are capable of bearing defamatory meanings pleaded or any meanings defamatory of Jupiter
  2. 2 Whether Jupiter's claim in malicious falsehood has any real prospect of success
  3. 3 Whether a binding compromise agreement was reached between Jupiter and Johnson Fry on 13th May 1999

Ratio Decidendi

The advertisements were not capable of bearing any defamatory meaning of Jupiter to the ordinary reasonable reader; the claim in malicious falsehood had no real prospect of success as the advertisements did not overstep permissible limits of disparagement; and a binding compromise agreement was reached and honored, extinguishing all claims.

Court Disposition

Judgment for the Defendant on all heads of claim; Claim struck out.

Orders

  • Claim in libel struck out
  • Claim in malicious falsehood struck out