Hays Plc v Hartley [2010] EWHC 1068 (QB) (17 May 2010)

Hays Plc v Hartley [2010] EWHC 1068 (QB) (17 May 2010)

The pursuit of the action after the Settlement Agreement is an abuse of process as the Claimant has already achieved vindication and nothing of value remains to be gained; damages would be modest and irrecoverable, and the action constitutes a disproportionate interference with the Defendant's freedom of expression under Article 10.

Citation
[2010] EWHC 1068
Parties
Claimant: Hays Plc; Defendant: Jonathan Hartley
Jurisdiction
England and Wales
Judgment Date
17 May 2010
Procedural Posture
Libel Action / Ruling on Applications to Strike Out Claim and Defence
Outcome
Claim struck out as abuse of process
Legal Topics
Abuse of Process, Qualified Privilege, Freedom of Expression, Corporate Reputation, Damages, Reynolds Privilege
Defamation Civil Procedure Human Rights Abuse of Process Qualified Privilege Freedom of Expression Corporate Reputation Damages +1 more

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Parties

Hays Plc

Claimant

Jonathan Hartley

Defendant

Procedural Posture

Libel Action / Ruling on Applications to Strike Out Claim and Defence

Legal Issues

  1. 1 Whether the claim constitutes a real and substantial tort after settlement
  2. 2 Whether the claim is an abuse of process
  3. 3 Whether the defence of qualified privilege applies

Ratio Decidendi

The pursuit of the action after the Settlement Agreement is an abuse of process as the Claimant has already achieved vindication and nothing of value remains to be gained; damages would be modest and irrecoverable, and the action constitutes a disproportionate interference with the Defendant's freedom of expression under Article 10.

Court Disposition

Claim struck out as abuse of process

Orders

  • Action struck out
  • No criticism of Claimant or advisers