Birchwood Homes Ltd & Ors v Robertson [2003] EWHC 293 (QB) (24 January 2003)

Birchwood Homes Ltd & Ors v Robertson [2003] EWHC 293 (QB) (24 January 2003)

The court held that the defence of qualified privilege is arguable and not bound to fail, thus summary judgment is refused. The defendant is permitted to amend the defence to plead justification in accordance with the Lucas Box meanings, as the allegations of dishonesty and aggression are not severable and are capable of being defamatory in context. The particulars of justification, though presently general, are sufficient at this stage subject to further detail being provided. Background facts relating to the circumstances of publication may be admitted for mitigation of damages.

Citation
[2003] EWHC 293
Parties
Claimant: Birchwood Homes Limited; Claimant: David Steen; Claimant: Ross Minerva; Defendant: Mr Ian Robertson
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Slander / Interlocutory Applications (summary Judgment and Amendment of Defence)
Outcome
Claimants' application for summary judgment refused; defendant's application to amend defence granted.
Legal Topics
Slander, Qualified Privilege, Justification, Mitigation of Damages, Pleadings, Amendment of Defence
Defamation Tort Slander Qualified Privilege Justification Mitigation of Damages Pleadings Amendment of Defence

Case Brief

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Parties

Birchwood Homes Limited

Claimant

David Steen

Claimant

Ross Minerva

Claimant

Mr Ian Robertson

Defendant

Procedural Posture

Slander / Interlocutory Applications (summary Judgment and Amendment of Defence)

Legal Issues

  1. 1 Whether the defence of qualified privilege is unsustainable and should be struck out by summary judgment
  2. 2 Whether the defendant should be granted permission to amend the defence to plead justification
  3. 3 Whether the particulars of justification are sufficient

Ratio Decidendi

The court held that the defence of qualified privilege is arguable and not bound to fail, thus summary judgment is refused. The defendant is permitted to amend the defence to plead justification in accordance with the Lucas Box meanings, as the allegations of dishonesty and aggression are not severable and are capable of being defamatory in context. The particulars of justification, though presently general, are sufficient at this stage subject to further detail being provided. Background facts relating to the circumstances of publication may be admitted for mitigation of damages.

Court Disposition

Claimants' application for summary judgment refused; defendant's application to amend defence granted.

Orders

  • Permission granted to defendant to amend defence to plead justification in accordance with Lucas Box meanings, subject to providing further particulars before trial.
  • Claimants' application for summary judgment on qualified privilege refused.