Gulati & Ors v MGN Ltd

Gulati & Ors v MGN Ltd

The court held that the claims, while facing evidential difficulties, were not so speculative or weak as to have no real prospect of success. The pleadings were sufficient to proceed to disclosure and trial, and the use of similar fact evidence was permissible at this stage. The applications for summary judgment and strike out were therefore dismissed.

Parties
Claimant: Shobna Gulati; Claimant: Abbie Gibson; Claimant: Sven Goran-Eriksson; Claimant: Garry Flitcroft; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
06 November 2013
Procedural Posture
Civil / Summary Judgment and Strike Out Applications
Outcome
applications for summary judgment and strike out dismissed
Legal Topics
Phone Hacking, Vicarious Liability, Summary Judgment, Strike Out, Similar Fact Evidence, Pleading Requirements
Privacy Law Media Law Civil Procedure Phone Hacking Vicarious Liability Summary Judgment Strike Out Similar Fact Evidence +1 more

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 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Shobna Gulati

Claimant

Abbie Gibson

Claimant

Sven Goran-Eriksson

Claimant

Garry Flitcroft

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the claimants' pleadings disclose a reasonable cause of action for phone hacking and privacy infringement
  2. 2 Whether summary judgment or strike out is appropriate given the evidence and pleadings
  3. 3 Admissibility and relevance of similar fact evidence in civil proceedings

Ratio Decidendi

The court held that the claims, while facing evidential difficulties, were not so speculative or weak as to have no real prospect of success. The pleadings were sufficient to proceed to disclosure and trial, and the use of similar fact evidence was permissible at this stage. The applications for summary judgment and strike out were therefore dismissed.

Court Disposition

applications for summary judgment and strike out dismissed

Orders

  • The defendant's applications to strike out paragraphs 4 and 5 of the Particulars of Claim are dismissed.
  • The defendant's applications for summary judgment in the Gibson and Flitcroft actions are dismissed.