Crossley & Anor v Wallace & Anor [2008] EWHC 2846 (QB) (10 October 2008)

Crossley & Anor v Wallace & Anor [2008] EWHC 2846 (QB) (10 October 2008)

The statements attributed to the Wallaces in the article are not capable of being defamatory in light of prior judicial findings of nuisance and trespass; the libel claim constitutes an abuse of process and is an attempt to re-litigate issues already decided.

Citation
[2008] EWHC 2846 (QB)
Parties
Appellants: Mr and Mrs Crossley; Respondents: Mr and Mrs Wallace
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Libel, Striking Out, Abuse of Process, Nuisance, Trespass
Defamation Civil Procedure Libel Striking Out Abuse of Process Nuisance Trespass

Case Brief

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Parties

Mr and Mrs Crossley

Appellants

Mr and Mrs Wallace

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the statements attributed to the Wallaces in the newspaper article are capable of being defamatory
  2. 2 Whether the claim for libel against the Wallaces constitutes an abuse of process
  3. 3 Whether the proceedings are an attempt to re-litigate issues already decided

Ratio Decidendi

The statements attributed to the Wallaces in the article are not capable of being defamatory in light of prior judicial findings of nuisance and trespass; the libel claim constitutes an abuse of process and is an attempt to re-litigate issues already decided.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order for re-hearing