Beach Developments Ltd v Foskett [2011] EWHC 198 (QB) (09 February 2011)

Beach Developments Ltd v Foskett [2011] EWHC 198 (QB) (09 February 2011)

The only imputation complained of is dishonesty (Chase Level 1). The Defendant's pleaded meanings at Chase Level 2 or 3 are not borne by the words complained of and particulars of justification relevant only to those meanings are struck out. The Defendant cannot recover costs for those matters. The Claimant's costs in respect of those meanings are reserved.

Citation
[2011] EWHC 198
Parties
Claimant: Beach Developments Ltd; Defendant: Paul Foskett
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Libel / Pre Trial Review (ptr) and Costs Order
Outcome
Costs order following Pre-Trial Review; Defendant's costs for Chase Level 2 and 3 meanings denied; Claimant's costs reserved.
Legal Topics
Libel, Defamatory Meaning, Justification, Honest Comment, Reynolds Privilege, Costs
Defamation Civil Procedure Libel Defamatory Meaning Justification Honest Comment Reynolds Privilege Costs

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 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Beach Developments Ltd

Claimant

Paul Foskett

Defendant

Procedural Posture

Libel / Pre Trial Review (ptr) and Costs Order

Legal Issues

  1. 1 Whether the publications complained of bear defamatory meanings at Chase Level 1, 2, or 3
  2. 2 Whether the Defendant's particulars of justification relating to Chase Level 2 or 3 meanings should be struck out
  3. 3 Whether the Claimant is entitled to costs in respect of the Defendant's pleaded meanings at Chase Level 2 or 3

Ratio Decidendi

The only imputation complained of is dishonesty (Chase Level 1). The Defendant's pleaded meanings at Chase Level 2 or 3 are not borne by the words complained of and particulars of justification relevant only to those meanings are struck out. The Defendant cannot recover costs for those matters. The Claimant's costs in respect of those meanings are reserved.

Court Disposition

Costs order following Pre-Trial Review; Defendant's costs for Chase Level 2 and 3 meanings denied; Claimant's costs reserved.

Orders

  • Defendant shall recover no costs in respect of Chase Level 2 and 3 meanings.
  • Claimant's costs in respect of Chase Level 2 and 3 meanings are reserved.