McAteer v Thoburn [2025] EWHC 1900 (KB) (24 July 2025)

McAteer v Thoburn [2025] EWHC 1900 (KB) (24 July 2025)

The claim for libel and malicious falsehood discloses no reasonable grounds, lacks evidence of serious harm, malice, falsity, and pecuniary loss, and is struck out. Summary judgment is granted as there is no real prospect of success.

Citation
[2025] EWHC 1900 (KB)
Parties
Claimant: Daniel McAteer; Defendant: Richard Thoburn
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Defamation and Malicious Falsehood / Summary Judgment and Strike Out Application
Outcome
Claim struck out; summary judgment granted for Defendant.
Legal Topics
Libel, Serious Harm, Qualified Privilege, Malice, Strike Out, Summary Judgment
Defamation Malicious Falsehood Media Law Libel Serious Harm Qualified Privilege Malice Strike Out +1 more

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Parties

Daniel McAteer

Claimant

Richard Thoburn

Defendant

Procedural Posture

Defamation and Malicious Falsehood / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the claim for libel discloses reasonable grounds and meets the serious harm threshold under s1 Defamation Act 2013
  2. 2 Whether the claim for malicious falsehood is properly pleaded with particulars of malice, falsity, and pecuniary loss
  3. 3 Whether summary judgment or strike out is appropriate given the evidence and procedural deficiencies

Ratio Decidendi

The claim for libel and malicious falsehood discloses no reasonable grounds, lacks evidence of serious harm, malice, falsity, and pecuniary loss, and is struck out. Summary judgment is granted as there is no real prospect of success.

Court Disposition

Claim struck out; summary judgment granted for Defendant.

Orders

  • The claim is struck out pursuant to CPR 3.4(2)(a).
  • Summary judgment is granted for the Defendant under CPR 24.3(a).