Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

Prince Radu of Hohenzollern v Houston & Anor [2009] EWHC 398 (QB) (04 March 2009)

The defence of justification as pleaded is embarrassing, defective, and fails to comply with fundamental principles of pleading, including particularisation of dishonesty, avoidance of irrelevant and prejudicial material, and prohibition on reversing the burden of proof. The plea of justification must be struck out in its entirety and re-pleaded in accordance with proper standards.

Citation
[2009] EWHC 398
Parties
Claimant: Prince Radu of Hohenzollern; Defendant: Marco Houston; Defendant: Sena-Julia Publicatus Limited
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Defamation / Interlocutory Application to Strike Out Parts of Defence
Outcome
Defence of justification struck out; leave to re-plead granted.
Legal Topics
Pleading Requirements, Justification Defence, Burden of Proof, Particularisation, Strike Out Applications
Defamation Civil Procedure Pleading Requirements Justification Defence Burden of Proof Particularisation Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 9 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Prince Radu of Hohenzollern

Claimant

Marco Houston

Defendant

Sena-Julia Publicatus Limited

Defendant

Procedural Posture

Defamation / Interlocutory Application to Strike Out Parts of Defence

Legal Issues

  1. 1 Whether the defence of justification is adequately pleaded
  2. 2 Whether irrelevant, embarrassing, or prejudicial material should be struck out
  3. 3 Whether particulars of dishonesty and fraud are sufficient

Ratio Decidendi

The defence of justification as pleaded is embarrassing, defective, and fails to comply with fundamental principles of pleading, including particularisation of dishonesty, avoidance of irrelevant and prejudicial material, and prohibition on reversing the burden of proof. The plea of justification must be struck out in its entirety and re-pleaded in accordance with proper standards.

Court Disposition

Defence of justification struck out; leave to re-plead granted.

Orders

  • Strike out the plea of justification as a whole.
  • Delete the defence of fair comment.