Beach Developments Ltd v Foskett

Beach Developments Ltd v Foskett

The only imputation complained of is dishonesty (Chase Level 1). The Defendant's particulars of justification relating solely to Chase Level 2 or 3 meanings are to be struck out. Costs relating to those meanings are reserved for the Claimant; the Defendant cannot recover costs for them. Costs for the abandoned Reynolds defence and unrelated personal misconduct allegations will lie where they fall.

Parties
Claimant: Beach Developments Ltd; Defendant: Paul Foskett
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Civil Defamation (libel) / Pre Trial Review (costs Ruling)
Outcome
Costs ruling; no final disposition on merits
Legal Topics
Libel, Meaning of Words, Justification Defence, Honest Comment, Costs Orders, Abuse of Process
Defamation Civil Procedure Libel Meaning of Words Justification Defence Honest Comment Costs Orders Abuse of Process

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Parties

Beach Developments Ltd

Claimant

Paul Foskett

Defendant

Procedural Posture

Civil Defamation (libel) / Pre Trial Review (costs Ruling)

Legal Issues

  1. 1 What is the defamatory meaning of the words complained of?
  2. 2 Are the allegations of dishonesty, overcharging, and unpleasantness separate imputations?
  3. 3 Should the Defendant's particulars of justification relating to Chase Level 2 or 3 meanings be struck out?

Ratio Decidendi

The only imputation complained of is dishonesty (Chase Level 1). The Defendant's particulars of justification relating solely to Chase Level 2 or 3 meanings are to be struck out. Costs relating to those meanings are reserved for the Claimant; the Defendant cannot recover costs for them. Costs for the abandoned Reynolds defence and unrelated personal misconduct allegations will lie where they fall.

Court Disposition

Costs ruling; no final disposition on merits

Orders

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