Daniels v Griffiths [1997] EWCA Civ 2836 (27th November, 1997)
The claim should not be struck out at this stage as the facts are not sufficiently clear to justify such a course; there is an issue to be tried regarding the context and immunity of Defendant's statements, and the Plaintiff's assertion of purpose cannot be rejected as unfounded.
- Citation
- [1997] EWCA Civ 2836
- Parties
- Appellant/plaintiff: David Anthony Daniels; Respondent/defendant: Mrs. Griffiths
- Jurisdiction
- England and Wales
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Slander, Libel, Qualified Privilege, Absolute Privilege, Abuse of Process, Public Policy Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
David Anthony Daniels
Appellant/plaintiff
Mrs. Griffiths
Respondent/defendant
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Legal Issues
- 1 Whether the claim for slander/libel should be struck out as abuse of process
- 2 Whether statements made to police and parole board are immune from suit on grounds of public policy
- 3 Whether the claim is bound to fail
Ratio Decidendi
The claim should not be struck out at this stage as the facts are not sufficiently clear to justify such a course; there is an issue to be tried regarding the context and immunity of Defendant's statements, and the Plaintiff's assertion of purpose cannot be rejected as unfounded.
Court Disposition
appeal allowed
Orders
- amended statement of claim to be served within 21 days
- costs awarded to appellant
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