Shendish Manor Ltd v Coleman [2001] EWCA Civ 913 (15 June 2001)

Shendish Manor Ltd v Coleman [2001] EWCA Civ 913 (15 June 2001)

The company's claim was dismissed because the evidence did not show that the publishees understood the alleged slanders to refer to the company, nor were the words objectively capable of referring to it. Republication and exemplary damages claims were properly struck out as too remote or unsustainable. The claim for aggravated damages was wrongly struck out in part, as the evidence supported an inference of injury to feelings from malevolence or spite. Fresh evidence was rightly refused due to lack of diligence and explanation for lateness.

Citation
[2001] EWCA Civ 913
Parties
Applicant: Shendish Manor Limited; Respondent: Coleman
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Appeal / Court of Appeal Judgment on Expedited Appeals From High Court Decisions on Slander Claims and Related Interlocutory Applications
Outcome
Appeal by Shendish Manor Limited dismissed; appeal by Mr Thornberry allowed in part (aggravated damages claim reinstated in part); all other grounds dismissed.
Legal Topics
Slander, Reference to Corporate Claimant, Republication, Aggravated Damages, Exemplary Damages, Striking Out Pleadings, Admission of Fresh Evidence on Appeal
Defamation Civil Procedure Slander Reference to Corporate Claimant Republication Aggravated Damages Exemplary Damages Striking Out Pleadings +1 more

Case Brief

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Parties

Shendish Manor Limited

Applicant

Coleman

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Expedited Appeals From High Court Decisions on Slander Claims and Related Interlocutory Applications

Legal Issues

  1. 1 Whether alleged slanders were capable of referring to and being understood as defamatory of the company (Shendish Manor Limited)
  2. 2 Whether certain republication allegations should be struck out
  3. 3 Whether claim for exemplary damages was sustainable

Ratio Decidendi

The company's claim was dismissed because the evidence did not show that the publishees understood the alleged slanders to refer to the company, nor were the words objectively capable of referring to it. Republication and exemplary damages claims were properly struck out as too remote or unsustainable. The claim for aggravated damages was wrongly struck out in part, as the evidence supported an inference of injury to feelings from malevolence or spite. Fresh evidence was rightly refused due to lack of diligence and explanation for lateness.

Court Disposition

Appeal by Shendish Manor Limited dismissed; appeal by Mr Thornberry allowed in part (aggravated damages claim reinstated in part); all other grounds dismissed.

Orders

  • Dismissal of Shendish Manor Limited's claim upheld
  • Striking out of certain republication and exemplary damages claims upheld