Cartus Corporation Cartus Ltd v Siddell & Anor [2014] EWHC 2266 (QB) (16 July 2014)

Cartus Corporation Cartus Ltd v Siddell & Anor [2014] EWHC 2266 (QB) (16 July 2014)

The Claimants failed to show that the Defendants intended to publish 'The Ugly Truth', the covering letter, or similar words with sufficient certainty. Without proof of imminent publication or the specific words threatened, the court will not grant a final injunction or rule on the meanings or defences in advance.

Citation
[2014] EWHC 2266
Parties
Claimant: Cartus Corporation; Claimant: Cartus Ltd; Defendant: Wayne Siddell; Defendant: Paul Williamson
Jurisdiction
England and Wales
Judgment Date
16 July 2014
Procedural Posture
Defamation (libel) / Application for Final Injunction and Strike Out of Defences
Outcome
Claimants not entitled to the injunction sought; no final injunction granted.
Legal Topics
Quia Timet Injunctions, Libel, Truth Defence, Qualified Privilege, Interim Injunctions, Prior Restraint, Pleading Requirements
Defamation Media Law Civil Procedure Quia Timet Injunctions Libel Truth Defence Qualified Privilege Interim Injunctions +2 more

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Parties

Cartus Corporation

Claimant

Cartus Ltd

Claimant

Wayne Siddell

Defendant

Paul Williamson

Defendant

Procedural Posture

Defamation (libel) / Application for Final Injunction and Strike Out of Defences

Legal Issues

  1. 1 Whether the Claimants are entitled to a final injunction restraining publication of 'The Ugly Truth' and covering letter
  2. 2 Whether the defences of Truth and Qualified Privilege should be struck out
  3. 3 Whether the court should rule on the meanings of the documents in advance of publication

Ratio Decidendi

The Claimants failed to show that the Defendants intended to publish 'The Ugly Truth', the covering letter, or similar words with sufficient certainty. Without proof of imminent publication or the specific words threatened, the court will not grant a final injunction or rule on the meanings or defences in advance.

Court Disposition

Claimants not entitled to the injunction sought; no final injunction granted.