Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) (27 March 2015)

Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) (27 March 2015)

The publications of the letter dated 21 September 2013 to both Goadsby and DSL were on occasions of qualified privilege, and there was no prospect of adducing evidence of malice fit to be tried. Reverse summary judgment should be granted and the claim dismissed.

Citation
[2015] EWHC 839 (QB)
Parties
Claimant: Stephen Trevor Owens; Claimant: Abigail Diana Owens; Defendant: Steven Grose; Defendant: Virginia Grose
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Strike Out or Grant Reverse Summary Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Qualified Privilege, Malice, Jameel Abuse of Process, Summary Judgment, Publication Liability
Defamation Civil Procedure Qualified Privilege Malice Jameel Abuse of Process Summary Judgment Publication Liability

Case Brief

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Parties

Stephen Trevor Owens

Claimant

Abigail Diana Owens

Claimant

Steven Grose

Defendant

Virginia Grose

Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Strike Out or Grant Reverse Summary Judgment

Legal Issues

  1. 1 Whether publication of the letter was on an occasion of qualified privilege
  2. 2 Whether there was any prospect of proving malice
  3. 3 Whether the claim constituted a Jameel abuse of process

Ratio Decidendi

The publications of the letter dated 21 September 2013 to both Goadsby and DSL were on occasions of qualified privilege, and there was no prospect of adducing evidence of malice fit to be tried. Reverse summary judgment should be granted and the claim dismissed.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Reverse summary judgment granted to defendants
  • Both claims by Mr and Mrs Owens dismissed