Cruddas v Calvert & Ors [2013] EWHC 1096 (QB) (01 May 2013)

Cruddas v Calvert & Ors [2013] EWHC 1096 (QB) (01 May 2013)

Permission to amend the Particulars of Claim is granted in respect of those amendments that are relevant, capable of supporting a plea of malice, or relate to the claimant's case, including certain particulars of malice and aggravation of damages. Amendments are refused where they are irrelevant, speculative, relate to malice towards third parties, or are incapable of supporting the claimant's case. The law does not permit malice to be established by intention to injure a third party; it must be directed at the claimant.

Citation
[2013] EWHC 1096
Parties
Claimant: Peter Cruddas; Defendant: Jonathan Calvert; Defendant: Heidi Blake; Defendant: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
01 May 2013
Procedural Posture
Libel and Malicious Falsehood / Application for Permission to Amend Particulars of Claim
Outcome
Claimant's application for permission to amend Particulars of Claim allowed in part and refused in part.
Legal Topics
Defamation, Malicious Falsehood, Pleadings Amendment, Malice, Journalistic Conduct
Media Law Tort Law Defamation Malicious Falsehood Pleadings Amendment Malice Journalistic Conduct

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Parties

Peter Cruddas

Claimant

Jonathan Calvert

Defendant

Heidi Blake

Defendant

Times Newspapers Ltd

Defendant

Procedural Posture

Libel and Malicious Falsehood / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether proposed amendments to the Particulars of Claim should be allowed, particularly regarding particulars of malice and relevance to damages.
  2. 2 Whether malice can be established by intention to injure a third party rather than the claimant.
  3. 3 Whether certain amendments are relevant or capable of supporting a plea of malice.

Ratio Decidendi

Permission to amend the Particulars of Claim is granted in respect of those amendments that are relevant, capable of supporting a plea of malice, or relate to the claimant's case, including certain particulars of malice and aggravation of damages. Amendments are refused where they are irrelevant, speculative, relate to malice towards third parties, or are incapable of supporting the claimant's case. The law does not permit malice to be established by intention to injure a third party; it must be directed at the claimant.

Court Disposition

Claimant's application for permission to amend Particulars of Claim allowed in part and refused in part.

Orders

  • Permission granted for specified amendments to the Particulars of Claim as set out in the judgment.
  • Permission refused for other specified amendments as set out in the judgment.