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 which are relevant, necessary, and capable of supporting a plea of malice against the Claimant, but refused where amendments are irrelevant, concern malice towards third parties, or are otherwise incapable of supporting the claim. Malice in malicious falsehood must be directed at the Claimant, not third parties.

Citation
[2013] EWHC 1096 (QB)
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, Summary Judgment, Journalistic Practice
Media Law Tort Law Defamation Malicious Falsehood Pleadings Amendment Malice Summary Judgment Journalistic Practice

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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 the Claimant should be granted permission to amend the Particulars of Claim in a libel and malicious falsehood action
  2. 2 Whether certain proposed amendments are capable of supporting a plea of malice
  3. 3 Whether malice can be established by intention to injure someone other than the Claimant

Ratio Decidendi

Permission to amend the Particulars of Claim is granted in respect of those amendments which are relevant, necessary, and capable of supporting a plea of malice against the Claimant, but refused where amendments are irrelevant, concern malice towards third parties, or are otherwise incapable of supporting the claim. Malice in malicious falsehood must be directed at the Claimant, not third parties.

Court Disposition

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

Orders

  • Permission to amend Particulars of Claim granted in respect of specified paragraphs.
  • Permission to amend refused in respect of other specified paragraphs as set out in the judgment.