Haji-Ioannou v Mark Dixon Regus Group Plc & Anor [2009] EWHC 178 (QB) (06 February 2009)

Haji-Ioannou v Mark Dixon Regus Group Plc & Anor [2009] EWHC 178 (QB) (06 February 2009)

The application to strike out is dismissed because the allegations are serious, publication was to a highly influential journalist, damages may not be minimal, and the claimant's claim for vindication is genuine. The matter is fact sensitive and cannot be resolved at this stage; the potential benefits are not so outweighed by expense as to justify striking out.

Citation
[2009] EWHC 178 (QB)
Parties
Claimant: Sir Stelios Haji-Ioannou; Defendant: Mark Dixon; Defendant: Regus Group plc; Defendant: Tim Regan
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Libel/slander / Application to Strike Out for Abuse of Process
Outcome
Application to strike out dismissed; proceedings stayed for a short period to facilitate settlement.
Legal Topics
Abuse of Process, Libel, Slander, Justification, Qualified Privilege, Case Management, Settlement
Defamation Civil Procedure Abuse of Process Libel Slander Justification Qualified Privilege Case Management +1 more

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Parties

Sir Stelios Haji-Ioannou

Claimant

Mark Dixon

Defendant

Regus Group plc

Defendant

Tim Regan

Defendant

Procedural Posture

Libel/slander / Application to Strike Out for Abuse of Process

Legal Issues

  1. 1 Whether the action for libel/slander should be struck out as an abuse of process
  2. 2 Whether the publication complained of was trivial or substantial
  3. 3 Whether the claimant has anything to gain from the action

Ratio Decidendi

The application to strike out is dismissed because the allegations are serious, publication was to a highly influential journalist, damages may not be minimal, and the claimant's claim for vindication is genuine. The matter is fact sensitive and cannot be resolved at this stage; the potential benefits are not so outweighed by expense as to justify striking out.

Court Disposition

Application to strike out dismissed; proceedings stayed for a short period to facilitate settlement.

Orders

  • Action stayed for a short period from judgment date to allow settlement negotiations.
  • Parties may make submissions on length of stay.