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 granted for defendants to plead justification and fair comment as the case is sufficiently clear and not perverse; no requirement for defendants to show at pleading stage that particulars are more consistent with truth, nor to identify evidence relied upon.

Citation
[2012] EWHC 2214 (QB)
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 Ruling on Permission to Plead Justification and Fair Comment
Outcome
Permission granted for pleas of justification and fair comment to proceed to trial.
Legal Topics
Justification, Fair Comment, Pleading Standards, Qualified Privilege
Defamation Media Law Civil Procedure Justification Fair Comment Pleading Standards 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 Ruling on Permission to Plead Justification and Fair Comment

Legal Issues

  1. 1 Whether defendants should be permitted to plead justification and fair comment
  2. 2 Whether defendants must show at pleading stage that particulars are more consistent with truth than not
  3. 3 Whether defendants must identify evidence relied upon at pleading stage

Ratio Decidendi

Permission granted for defendants to plead justification and fair comment as the case is sufficiently clear and not perverse; no requirement for defendants to show at pleading stage that particulars are more consistent with truth, nor to identify evidence relied upon.

Court Disposition

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

Orders

  • Defendants permitted to plead justification and fair comment.
  • Reply to be served.