Lord Ashcroft KCMG v Foley & Anor [2012] EWHC 2214 (QB) (30 July 2012)

Lord Ashcroft KCMG v Foley & Anor [2012] EWHC 2214 (QB) (30 July 2012)

Permission is granted for the defendants to advance pleas of justification and fair comment, as the pleadings, though imperfect, are now sufficiently clear for the claimant to know the case to meet, and there is no legal requirement at the pleading stage for the defendants to show that their particulars are more consistent with the truth of the words complained of than not, nor to identify the evidence relied upon for justification.

Citation
[2012] EWHC 2214
Parties
Claimant: Lord Ashcroft KCMG; Defendant: Stephen Foley; Defendant: Independent News & Media Limited; Defendant: Roger Alton
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Defamation / Interlocutory Application Regarding Amendment of Defence
Outcome
Permission granted for pleas of justification and fair comment to proceed to trial.
Legal Topics
Justification, Fair Comment, Pleadings, Article 10 ECHR, Qualified Privilege
Media Law Defamation Civil Procedure Justification Fair Comment Pleadings Article 10 ECHR Qualified Privilege

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Parties

Lord Ashcroft KCMG

Claimant

Stephen Foley

Defendant

Independent News & Media Limited

Defendant

Roger Alton

Defendant

Procedural Posture

Defamation / Interlocutory Application Regarding Amendment of Defence

Legal Issues

  1. 1 Whether to permit the defendants to advance amended pleas of justification and fair comment
  2. 2 Whether a defendant must show at the pleading stage that particulars are more consistent with the truth of the words complained of than not
  3. 3 Whether defendants must identify at the pleading stage the evidence relied upon for justification

Ratio Decidendi

Permission is granted for the defendants to advance pleas of justification and fair comment, as the pleadings, though imperfect, are now sufficiently clear for the claimant to know the case to meet, and there is no legal requirement at the pleading stage for the defendants to show that their particulars are more consistent with the truth of the words complained of than not, nor to identify the evidence relied upon for justification.

Court Disposition

Permission granted for pleas of justification and fair comment to proceed to trial.

Orders

  • Defendants permitted to advance pleas of justification and fair comment in their defence.
  • Claimant may seek further clarification by correspondence or requests for further information.