Howe & Co v Burden

Howe & Co v Burden

The application to strike out the claim as an abuse of process and for summary judgment on the grounds of qualified privilege and consent is dismissed because the defences are not bound to succeed and require factual investigation. The plea of malice is struck out as currently pleaded, but the Claimants are given leave to re-plead it clearly.

Parties
Claimant: Howe & Co; Defendant: Patricia Burden
Jurisdiction
England and Wales
Judgment Date
11 February 2004
Procedural Posture
Defamation (slander) / Appeal From Master and Application for Summary Judgment
Outcome
Appeal and application for summary judgment dismissed; plea of malice struck out with leave to re-plead.
Legal Topics
Abuse of Process, Qualified Privilege, Malice, Consent (leave and Licence), Summary Judgment
Defamation Civil Procedure Abuse of Process Qualified Privilege Malice Consent (leave and Licence) Summary Judgment

Case Brief

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 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Howe & Co

Claimant

Patricia Burden

Defendant

Procedural Posture

Defamation (slander) / Appeal From Master and Application for Summary Judgment

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process
  2. 2 Whether summary judgment should be granted on the basis of qualified privilege
  3. 3 Whether summary judgment should be granted on the basis of consent (leave and licence)

Ratio Decidendi

The application to strike out the claim as an abuse of process and for summary judgment on the grounds of qualified privilege and consent is dismissed because the defences are not bound to succeed and require factual investigation. The plea of malice is struck out as currently pleaded, but the Claimants are given leave to re-plead it clearly.

Court Disposition

Appeal and application for summary judgment dismissed; plea of malice struck out with leave to re-plead.

Orders

  • Appeal from Master dismissed
  • Application for summary judgment dismissed