Kasima Whittingham v Sam Jones
The claim was struck out because the Claim Form and Particulars of Claim disclosed no reasonable grounds for bringing the claim and were incapable of amendment to set out a case with a realistic prospect of proving serious harm as required by s1 of the Defamation Act 2013, given the limited publication and lack of evidence of reputational impact.
- Parties
- Claimant: Miss Kasima Whittingham; Defendant: Mr Sam Jones
- Jurisdiction
- England and Wales
- Judgment Date
- 29 April 2026
- Procedural Posture
- Civil Defamation (libel) / Application for Strike Out or Summary Judgment
- Outcome
- Claim struck out
- Legal Topics
- Libel, Serious Harm Requirement, Strike Out, Summary Judgment, Pre Action Protocol Compliance, Service of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Miss Kasima Whittingham
Claimant
Mr Sam Jones
Defendant
Procedural Posture
Civil Defamation (libel) / Application for Strike Out or Summary Judgment
Legal Issues
- 1 Whether the claim discloses reasonable grounds for bringing a libel action
- 2 Whether the claim should be struck out for non-compliance with procedural rules
- 3 Whether the claimant can establish a realistic prospect of proving serious harm under s1 Defamation Act 2013
Ratio Decidendi
The claim was struck out because the Claim Form and Particulars of Claim disclosed no reasonable grounds for bringing the claim and were incapable of amendment to set out a case with a realistic prospect of proving serious harm as required by s1 of the Defamation Act 2013, given the limited publication and lack of evidence of reputational impact.
Court Disposition
Claim struck out
Orders
- The claim is struck out forthwith.
Full Case Text
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