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 of which the Claimant complains is dishonesty (Chase Level 1). The Defendant's particulars of justification relevant only to Chase Level 2 or 3 meanings are to be struck out. The Defendant cannot recover costs for those matters. The Claimant's costs in respect of those meanings are reserved,...

Source-derived case information.

Citation
[2011] EWHC 198 (QB)
Parties
Claimant: Beach Developments Ltd; Defendant: Paul Foskett
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Libel / Pre Trial Review; Costs Order
Outcome
Costs order following pre-trial review; Defendant's particulars of justification for Chase Level 2 and 3 meanings struck out; costs reserved or lie where they fall as specified.
Legal Topics
Libel, Justification, Honest Comment, Costs, Abuse of Process
Defamation Civil Procedure Libel Justification Honest Comment Costs Abuse of Process

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Parties

Beach Developments Ltd

Claimant

Paul Foskett

Defendant

Procedural Posture

Libel / Pre Trial Review; Costs Order

Legal Issues

  1. 1 Whether the words complained of bear a meaning of dishonesty or lesser Chase Level meanings
  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 Chase Level 2 and 3 meanings

Ratio Decidendi

The only imputation of which the Claimant complains is dishonesty (Chase Level 1). The Defendant's particulars of justification relevant only to Chase Level 2 or 3 meanings are to be struck out. The Defendant cannot recover costs for those matters. The Claimant's costs in respect of those meanings are reserved, pending further proceedings. Costs relating to the Defendant's abandoned Reynolds defence and personal misconduct allegations not directly related to the contract will lie where they have fallen.

Court Disposition

Costs order following pre-trial review; Defendant's particulars of justification for Chase Level 2 and 3 meanings struck out; costs reserved or lie where they fall as specified.

Orders

  • Defendant's particulars of justification relevant only to Chase Level 2 or 3 meanings struck out.
  • Defendant shall recover no costs in respect of Chase Level 2 or 3 meanings.