Hodgins v Squire Sanders LLP

Hodgins v Squire Sanders LLP

The words in the letter before action, considering both their text and the circumstances of their publication, are capable of bearing the pleaded meaning of guilt as contended by the Claimant. There is no principle that a letter before action can only mean that an allegation has been made and is incapable of bearing a higher meaning.

Parties
Claimant: Patrick Hodgins; Defendant: Squire Sanders LLP
Jurisdiction
England and Wales
Judgment Date
01 August 2013
Procedural Posture
Libel Action / Application to Strike Out Claim for Incapability of Pleaded Meaning
Outcome
Defendant's application to strike out refused
Legal Topics
Libel, Meaning of Defamatory Statements, Strike Out Applications, Letters Before Action

Case Brief

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Parties

Patrick Hodgins

Claimant

Squire Sanders LLP

Defendant

Procedural Posture

Libel Action / Application to Strike Out Claim for Incapability of Pleaded Meaning

  1. 1 Whether the words in the letter before action are capable of bearing the pleaded defamatory meaning of guilt
  2. 2 Whether a letter before action can only mean that an allegation has been made or is capable of bearing a higher meaning

Ratio Decidendi

The words in the letter before action, considering both their text and the circumstances of their publication, are capable of bearing the pleaded meaning of guilt as contended by the Claimant. There is no principle that a letter before action can only mean that an allegation has been made and is incapable of bearing a higher meaning.

Court Disposition

Defendant's application to strike out refused

Orders

  • Defendant's application to strike out the claim is dismissed