Hodgins v Squire Sanders LLP [2013] EWHC 2404 (QB) (01 August 2013)

Hodgins v Squire Sanders LLP [2013] EWHC 2404 (QB) (01 August 2013)

The words in the letter before action, when considered in their context, are capable of bearing the meaning pleaded by the Claimant, namely an assertion of guilt of serious misconduct, and it cannot be said as a matter of law that such a letter is incapable of bearing that meaning.

Source-derived case information.

Citation
[2013] EWHC 2404 (QB)
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 Under CPR PD 53 Para 4.1
Outcome
Defendant's application to strike out refused
Legal Topics
Meaning in Defamation, Strike Out Applications, Letters Before Action, Repetition Rule
Defamation Civil Procedure Meaning in Defamation Strike Out Applications Letters Before Action Repetition Rule

Source-derived case record

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 Under CPR PD 53 Para 4.1

Legal Issues

  1. 1 Whether the words in the letter before action are capable of bearing the pleaded meaning of guilt in libel law

Ratio Decidendi

The words in the letter before action, when considered in their context, are capable of bearing the meaning pleaded by the Claimant, namely an assertion of guilt of serious misconduct, and it cannot be said as a matter of law that such a letter is incapable of bearing that meaning.

Court Disposition

Defendant's application to strike out refused

Orders

  • The application by the Defendant to strike out the claim is dismissed.