Business Energy Solutions Ltd v BES Commercial Energy Ltd

Business Energy Solutions Ltd v BES Commercial Energy Ltd

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 the strike-out application be adjourned to the preliminary issue trial unless the defendant discontinues and pays costs, but no further resources should be expended until after the preliminary issue is decided.

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 Application
Outcome
Application for further information refused; directions given regarding counterclaim strike-out application.
Legal Topics
Serious Harm Requirement, Preliminary Issue Trial, Counterclaim Strike Out, Pleadings Clarity
Defamation Civil Procedure Serious Harm Requirement Preliminary Issue Trial Counterclaim Strike Out Pleadings Clarity

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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 Application

Legal Issues

  1. 1 Whether the defendant should be ordered to clarify or provide further information about 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

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 the strike-out application be adjourned to the preliminary issue trial unless the defendant discontinues and pays costs, but no further resources should be expended until after the preliminary issue is decided.

Court Disposition

Application for further information refused; directions given regarding counterclaim strike-out application.

Orders

  • No order for further information or clarification under CPR 18.
  • Directions that unless the defendant discontinues the counterclaim and pays costs, the strike-out application is adjourned to the preliminary issue trial.