Andrew Bridgen MP v Matthew Hancock MP

Andrew Bridgen MP v Matthew Hancock MP

The claimant's pleading of reference is defective as it fails to properly articulate how readers would have understood the defendant's tweet to refer to him, but the defects are capable of being cured by amendment. The claim will not be struck out; the claimant is given an opportunity to amend the Particulars of Claim.

Parties
Claimant: Andrew Bridgen MP; Defendant: Matthew Hancock MP
Jurisdiction
England and Wales
Judgment Date
20 March 2024
Procedural Posture
Defamation / Strike Out Application Ruling
Outcome
Partial strike out; opportunity to amend
Legal Topics
Reference in Defamation, Pleading Requirements, Strike Out Applications, Identification in Defamatory Statements
Defamation Civil Procedure Reference in Defamation Pleading Requirements Strike Out Applications Identification in Defamatory Statements

Case Brief

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Parties

Andrew Bridgen MP

Claimant

Matthew Hancock MP

Defendant

Procedural Posture

Defamation / Strike Out Application Ruling

Legal Issues

  1. 1 Whether the claimant has properly pleaded reference in a defamation claim
  2. 2 Whether paragraphs of the Particulars of Claim should be struck out for failure to plead reference
  3. 3 Whether the claimant should be given an opportunity to amend the pleading

Ratio Decidendi

The claimant's pleading of reference is defective as it fails to properly articulate how readers would have understood the defendant's tweet to refer to him, but the defects are capable of being cured by amendment. The claim will not be struck out; the claimant is given an opportunity to amend the Particulars of Claim.

Court Disposition

Partial strike out; opportunity to amend

Orders

  • Paragraphs 15, 16, 17, 19 and 24 of the Particulars of Claim are struck out.
  • Claimant is granted leave to amend the Particulars of Claim to remedy deficiencies in pleading reference.