Howe & Co v Burden [2004] EWHC 196 (QB) (11 February 2004)

Howe & Co v Burden [2004] EWHC 196 (QB) (11 February 2004)

The application for summary judgment and to strike out the claim was dismissed because the defences of qualified privilege and consent required factual investigation and were not bound to succeed on the available evidence. The plea of malice was struck out as prolix and inadequately pleaded, with leave to re-plead.

Citation
[2004] EWHC 196
Parties
Claimant: Howe & Co; Defendant: Patricia Burden
Jurisdiction
England and Wales
Judgment Date
11 February 2004
Procedural Posture
Slander Action (defamation) / Appeal From Master's Order 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
Slander, Qualified Privilege, Consent (leave and Licence), Abuse of Process, Malice, Summary Judgment
Defamation Civil Procedure Slander Qualified Privilege Consent (leave and Licence) Abuse of Process Malice Summary Judgment

Case Brief

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Parties

Howe & Co

Claimant

Patricia Burden

Defendant

Procedural Posture

Slander Action (defamation) / Appeal From Master's Order 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 for summary judgment and to strike out the claim was dismissed because the defences of qualified privilege and consent required factual investigation and were not bound to succeed on the available evidence. The plea of malice was struck out as prolix and inadequately pleaded, with leave to re-plead.

Court Disposition

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

Orders

  • Appeal from Master's order dismissed
  • Application for summary judgment dismissed