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 granted permission to amend the defence to plead justification in accordance with the Lucas Box meanings, as the allegations of dishonesty and aggression are not severable in context and the particulars, though presently general, may be supplemented. Background facts relating to the circumstances of publication are admissible for mitigation of damages.

Citation
[2003] EWHC 293 (QB)
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 Media Law Civil Procedure Slander Qualified Privilege Justification Mitigation of Damages Pleadings +1 more

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 sustainable on the facts
  2. 2 Whether the defendant should be granted permission to amend the defence to add a plea of justification
  3. 3 Whether the particulars pleaded are capable of justifying the Lucas Box meanings

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 granted permission to amend the defence to plead justification in accordance with the Lucas Box meanings, as the allegations of dishonesty and aggression are not severable in context and the particulars, though presently general, may be supplemented. Background facts relating to the circumstances of publication are admissible 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, subject to providing further particulars before trial.
  • Claimants' application for summary judgment on qualified privilege refused.