Lord Ashcroft KCMG v Foley & Anor

Lord Ashcroft KCMG v Foley & Anor

Permission granted for Defendants to plead justification and fair comment as their case is now sufficiently clear; no requirement for Defendants to show particulars are more consistent with truth or to disclose evidence at pleading stage.

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 / Ruling on Permission to Plead Justification and Fair Comment
Outcome
Permission granted for Defendants to plead justification and fair comment; Claimant's applications for preliminary hearings deemed premature.
Legal Topics
Justification, Fair Comment, Pleadings, Qualified Privilege
Defamation Media Law Justification Fair Comment Pleadings Qualified Privilege

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lord Ashcroft KCMG

Claimant

Stephen Foley

Defendant

Independent News & Media Limited

Defendant

Roger Alton

Defendant

Procedural Posture

Defamation / 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 particulars are more consistent with truth at pleading stage
  3. 3 Whether Defendants must identify evidence relied upon for justification at pleading stage

Ratio Decidendi

Permission granted for Defendants to plead justification and fair comment as their case is now sufficiently clear; no requirement for Defendants to show particulars are more consistent with truth or to disclose evidence at pleading stage.

Court Disposition

Permission granted for Defendants to plead justification and fair comment; Claimant's applications for preliminary hearings deemed premature.

Orders

  • Pleas of justification and fair comment allowed to proceed to trial.
  • Reply to be served and disclosure of documents to follow.