Business Energy Solutions Ltd v BES Commercial Energy Ltd [2015] EWHC 2948 (QB) (08 October 2015)

Business Energy Solutions Ltd v BES Commercial Energy Ltd [2015] EWHC 2948 (QB) (08 October 2015)

The defendant's case on serious harm/serious financial loss is sufficiently clear as set out in correspondence and schedules; no further order for clarification is necessary. The appropriate course regarding the counterclaim is to give directions that ensure a formal application is before the court at the...

Source-derived case information.

Citation
[2015] EWHC 2948
Parties
Claimant: Business Energy Solutions Limited; Claimant: BES Commercial Energy Limited; Claimant: Commercial Power Limited; Defendant: Neil Scrivener
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Libel Claim / Pre Trial Directions Hearing
Outcome
Application for further information/clarification refused; directions given regarding counterclaim and costs.
Legal Topics
Serious Harm Requirement, Section 1 Defamation Act 2013, Preliminary Issue Trial, Counterclaim Procedure, Pleading Requirements
Defamation Civil Procedure Serious Harm Requirement Section 1 Defamation Act 2013 Preliminary Issue Trial Counterclaim Procedure Pleading Requirements

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Summary, issues, holding and outcome

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Parties

Business Energy Solutions Limited

Claimant

BES Commercial Energy Limited

Claimant

Commercial Power Limited

Claimant

Neil Scrivener

Defendant

Procedural Posture

Libel Claim / Pre Trial Directions Hearing

Legal Issues

  1. 1 Whether the defendant should be ordered to provide further information or clarification regarding his case on serious harm/serious financial loss under s.1(2) Defamation Act 2013
  2. 2 Whether the defendant's counterclaim should be struck out or listed for hearing with the preliminary issue trial unless discontinued with costs

Ratio Decidendi

The defendant's case on serious harm/serious financial loss is sufficiently clear as set out in correspondence and schedules; no further order for clarification is necessary. The appropriate course regarding the counterclaim is to give directions that ensure a formal application is before the court at the appropriate time, but no further resources should be expended until after the preliminary issue trial outcome is known.

Court Disposition

Application for further information/clarification refused; directions given regarding counterclaim and costs.

Orders

  • No order for further information or clarification from the defendant.
  • Directions given that the claimants' strike-out application regarding the counterclaim is adjourned to the trial of the preliminary issue unless the defendant discontinues and agrees to pay costs.