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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the words in the letter before action are capable of bearing the pleaded defamatory meaning of guilt
- 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
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