Dr Riccardo Frati v Karen Bowen-Carter

Dr Riccardo Frati v Karen Bowen-Carter

The claimant has a realistic prospect of establishing a platform of facts from which publication can be inferred; summary judgment is not appropriate. Permission to amend pleadings is granted, including to plead the grapevine effect and repetition, as these are relevant to harassment, malice, and damages, and will not prejudice the defendant.

Parties
Claimant: Dr Riccardo Frati; Defendant: Karen Bowen-Carter
Jurisdiction
England and Wales
Judgment Date
22 March 2023
Procedural Posture
Civil / Interlocutory Application—summary Judgment and Permission to Amend Pleadings
Outcome
Summary judgment application dismissed; permission to amend pleadings granted.
Legal Topics
Libel, Malicious Falsehood, Summary Judgment, Strike Out, Publication, Serious Harm, Pleading Amendments, Grapevine Effect
Defamation Harassment Civil Procedure Libel Malicious Falsehood Summary Judgment Strike Out Publication +3 more

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Parties

Dr Riccardo Frati

Claimant

Karen Bowen-Carter

Defendant

Procedural Posture

Civil / Interlocutory Application—summary Judgment and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the claimant has a realistic prospect of establishing publication of the defamatory words
  2. 2 Whether summary judgment should be granted to the defendant on the basis of no publication or no substantial publication
  3. 3 Whether permission should be granted to the claimant to amend pleadings to include repetition and grapevine effect

Ratio Decidendi

The claimant has a realistic prospect of establishing a platform of facts from which publication can be inferred; summary judgment is not appropriate. Permission to amend pleadings is granted, including to plead the grapevine effect and repetition, as these are relevant to harassment, malice, and damages, and will not prejudice the defendant.

Court Disposition

Summary judgment application dismissed; permission to amend pleadings granted.

Orders

  • Application for summary judgment dismissed.
  • Claimant granted permission to amend Particulars of Claim, including to plead grapevine effect and repetition.