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 is to give directions that the claimants' strike-out application for the counterclaim be listed with the preliminary...

Source-derived case information.

Citation
[2015] EWHC 2948 (QB)
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 (defamation) / Application for Pre Trial Directions; Preliminary Issue Trial on Serious Financial Loss Under S.1(2) Defamation Act 2013
Outcome
Application for further information refused; directions for strike-out application granted
Legal Topics
Serious Harm Requirement, Preliminary Issue Trial, Corporate Claimants, Financial Loss, Pleading Requirements
Defamation Civil Procedure Serious Harm Requirement Preliminary Issue Trial Corporate Claimants Financial Loss Pleading Requirements

Source-derived case record

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Business Energy Solutions Limited

Claimant

BES Commercial Energy Limited

Claimant

Commercial Power Limited

Claimant

Neil Scrivener

Defendant

Procedural Posture

Libel Claim (defamation) / Application for Pre Trial Directions; Preliminary Issue Trial on Serious Financial Loss Under S.1(2) Defamation Act 2013

Legal Issues

  1. 1 Whether the defendant should be ordered to provide further information about his case on serious harm/serious financial loss under s.1(2) Defamation Act 2013
  2. 2 Whether the claimants' application to strike out the defendant's counterclaim should be listed for hearing at the same time as the preliminary issue trial unless the defendant discontinues and pays 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 is to give directions that the claimants' strike-out application for the counterclaim be listed with the preliminary issue trial unless the defendant discontinues and pays costs, but no further resources should be expended on the application until after the preliminary issue is determined.

Court Disposition

Application for further information refused; directions for strike-out application granted

Orders

  • No order for further information or clarification under CPR 18
  • Directions given that the claimants' strike-out application for the counterclaim be listed with the preliminary issue trial unless the defendant discontinues and pays costs