Hunt v Times Newspapers Ltd

Hunt v Times Newspapers Ltd

Passages of the amended defence lacking sufficient particularity, relying on rumour, or failing to plead facts with requisite precision are struck out. Pleadings must enable the claimant to know the case to meet and must not reverse the burden of proof. Reynolds privilege cannot be used as a repository for inadequate particulars of justification; responsible journalism requires proportionate investigation and verification.

Parties
Claimant: David Hunt; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2012
Procedural Posture
Civil / Ruling on Application to Strike Out Amended Defence
Outcome
Application to strike out parts of the amended defence allowed; specific passages struck out.
Legal Topics
Justification, Reynolds Privilege, Pleading Standards, Article 10 ECHR, Article 8 ECHR, Libel, Public Interest Defence
Defamation Media Law Civil Procedure Justification Reynolds Privilege Pleading Standards Article 10 ECHR Article 8 ECHR +2 more

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Parties

David Hunt

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Amended Defence

Legal Issues

  1. 1 Whether the amended defence discloses reasonable grounds for defending the claim
  2. 2 Whether the defence is an abuse of process or obstructs just disposal
  3. 3 Adequacy of particulars of justification and privilege

Ratio Decidendi

Passages of the amended defence lacking sufficient particularity, relying on rumour, or failing to plead facts with requisite precision are struck out. Pleadings must enable the claimant to know the case to meet and must not reverse the burden of proof. Reynolds privilege cannot be used as a repository for inadequate particulars of justification; responsible journalism requires proportionate investigation and verification.

Court Disposition

Application to strike out parts of the amended defence allowed; specific passages struck out.

Orders

  • Passages identified in the judgment are struck out of the defence.
  • Counsel to be heard on the appropriate form of order and directions.