Hunt v Times Newspapers Ltd [2012] EWHC 110 (QB) (30 January 2012)

Hunt v Times Newspapers Ltd [2012] EWHC 110 (QB) (30 January 2012)

Many particulars of justification in the amended defence are vague, unparticularised, based on rumour or inadmissible material, and do not meet the required standard for pleading criminal conduct in libel. The Reynolds privilege plea is inadequately particularised and cannot stand in its present form. Only those allegations that are sufficiently specific and relevant are permitted to remain; others are struck out.

Citation
[2012] EWHC 110 (QB)
Parties
Claimant: David Hunt; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2012
Procedural Posture
Libel / Application to Strike Out Amended Defence
Outcome
Application to strike out allowed in part; many particulars struck out, some permitted to remain.
Legal Topics
Libel, Justification, Reynolds Privilege, Article 10 ECHR, Article 8 ECHR, Pleading Requirements, Responsible Journalism
Defamation Media Law Human Rights Libel Justification Reynolds Privilege Article 10 ECHR Article 8 ECHR +2 more

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Parties

David Hunt

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Libel / 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

Ratio Decidendi

Many particulars of justification in the amended defence are vague, unparticularised, based on rumour or inadmissible material, and do not meet the required standard for pleading criminal conduct in libel. The Reynolds privilege plea is inadequately particularised and cannot stand in its present form. Only those allegations that are sufficiently specific and relevant are permitted to remain; others are struck out.

Court Disposition

Application to strike out allowed in part; many particulars struck out, some permitted to remain.

Orders

  • Striking out of vague, unparticularised, or inadmissible particulars of justification.
  • Striking out of inadequately particularised Reynolds privilege plea.