Prince Radu of Hohenzollern v Houston & Anor

Prince Radu of Hohenzollern v Houston & Anor

The defence of justification as pleaded is embarrassing and defective due to inclusion of irrelevant material, improper reliance on third-party allegations and claimant's failure to refute them, lack of proper particulars of dishonesty and fraud, and attempts to reverse the burden of proof. The plea must be struck out and re-pleaded in accordance with established principles.

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 granted to re-plead.
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

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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 properly 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 and defective due to inclusion of irrelevant material, improper reliance on third-party allegations and claimant's failure to refute them, lack of proper particulars of dishonesty and fraud, and attempts to reverse the burden of proof. The plea must be struck out and re-pleaded in accordance with established principles.

Court Disposition

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

Orders

  • Strike out the plea of justification as a whole.
  • Defendants to re-plead justification in accordance with principles outlined.