Daniel McAteer v Richard Thoburn

Daniel McAteer v Richard Thoburn

The claim was struck out and summary judgment granted for the Defendant because the claim in libel failed to plead or evidence serious harm as required by s1 Defamation Act 2013, the claim in malicious falsehood lacked particulars of falsity, malice, and pecuniary loss, and the Email was published on an occasion of qualified privilege with no real prospect of establishing malice.

Parties
Claimant: Daniel McAteer; Defendant: Richard Thoburn
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Civil Defamation and Malicious Falsehood / Summary Judgment and Strike Out Application
Outcome
Claim struck out and summary judgment for Defendant
Legal Topics
Libel, Malicious Falsehood, Qualified Privilege, Serious Harm, Strike Out, Summary Judgment
Defamation Tort Civil Procedure Libel Malicious Falsehood Qualified Privilege Serious Harm Strike Out +1 more

Case Brief

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Parties

Daniel McAteer

Claimant

Richard Thoburn

Defendant

Procedural Posture

Civil Defamation and Malicious Falsehood / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the claim in libel discloses a reasonable cause of action, particularly as to serious harm under s1 Defamation Act 2013
  2. 2 Whether the claim in malicious falsehood is properly pleaded, including malice and pecuniary loss
  3. 3 Whether the publication was on an occasion of qualified privilege

Ratio Decidendi

The claim was struck out and summary judgment granted for the Defendant because the claim in libel failed to plead or evidence serious harm as required by s1 Defamation Act 2013, the claim in malicious falsehood lacked particulars of falsity, malice, and pecuniary loss, and the Email was published on an occasion of qualified privilege with no real prospect of establishing malice.

Court Disposition

Claim struck out and summary judgment for Defendant

Orders

  • The claim is struck out under CPR 3.4(2)(a) for disclosing no reasonable grounds for bringing the claim.
  • Summary judgment is granted for the Defendant under CPR 24.2.