Krause v Newsquest Media Group Ltd & Anor
Both actions are struck out as abuses of process because they attempt to relitigate criminal convictions and are incapable of providing any benefit to the Claimant. The words complained of are not capable of bearing a defamatory meaning, are protected by privilege, and/or are time-barred.
- Parties
- Claimant: Jan Krause; Defendant: Newsquest Media Group Ltd; Defendant: Chief Constable of Cheshire Police
- Jurisdiction
- England and Wales
- Judgment Date
- 11 November 2013
- Procedural Posture
- Civil Libel / Application to Strike Out/summary Judgment
- Outcome
- Claims struck out
- Legal Topics
- Libel, Abuse of Process, Qualified Privilege, Absolute Privilege, Limitation Periods
Case Brief
Summary, issues, holding and outcome
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Parties
Jan Krause
Claimant
Newsquest Media Group Ltd
Defendant
Chief Constable of Cheshire Police
Defendant
Procedural Posture
Civil Libel / Application to Strike Out/summary Judgment
Legal Issues
- 1 Whether the libel claims are an abuse of process
- 2 Whether the claims have any real prospect of success
- 3 Whether the words complained of are capable of bearing a defamatory meaning
Ratio Decidendi
Both actions are struck out as abuses of process because they attempt to relitigate criminal convictions and are incapable of providing any benefit to the Claimant. The words complained of are not capable of bearing a defamatory meaning, are protected by privilege, and/or are time-barred.
Court Disposition
Claims struck out
Orders
- Both actions are struck out as wholly without merit.
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