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England and Wales decisions
Decisions matching the current search
Smith v Poulton & Ors [2024] EWHC 3115 (KB) (05 December 2024)
The High Court dismissed Mr Smith’s appeal against refusal to strike out parts of Ms Poulton’s harassment counterclaim, holding the issues should be tested at trial.
The WhatsApp message, with or without the attendance and court orders, conveyed to the reasonable reader that the claimant was the person behind the @gossip_girl_lahore page, had acted reprehensibly, was deserving of derision, and was under investigation by the FIA for possible criminal offences. The statements were defamatory at common law. The court and attendance orders, when published with the message, reinforced the identification and the implication of criminal suspicion. Absolute privilege did not apply to their publication in this context.
Source excerpt
The appeal was dismissed because the Deputy Master was entitled, as a matter of discretion, to refuse to strike out the challenged particulars. The pleaded case in harassment must be considered as a whole at trial, and the legal issues raised—absolute privilege and journalistic protection—were not suitable for summary determination. The application to strike out was also made too late, contrary to the overriding objective and practice directions.
Source excerpt
The High Court struck out conspiracy and interference claims and dismissed a defamation claim over an insurer’s pre-action questions to a medical expert.
Jabbar & Anor v Aviva Insurance UK Ltd & Anor [2022] EWHC 1383 (QB) (20 June 2022)
The High Court struck out conspiracy and interference claims and granted summary judgment for the defendants on defamation, holding the protocol communication was privileged.
Jabbar & Anor v Aviva Insurance UK Ltd & Anor [2022] EWHC 1383 (QB) (20 June 2022)
The High Court granted summary judgment on a defamation claim and struck out associated conspiracy and interference claims, finding privilege and inadequate pleading.
The High Court dismissed an appeal about whether a judge could hand down a draft judgment after settlement, holding no exceptional circumstances were required.
The High Court refused to hear argument in private and allowed a claimant’s unilateral open-court statement, but required edits to avoid implying findings or admissions.
Various Claimants v News Group Newspapers Lted [2021] EWHC 3612 (Ch) (08 December 2021)
The High Court rejected a private hearing request and held that objections to unilateral open-court statements should be heard publicly, with the draft statement revised for fairness.
Jabbar & Anor v Aviva Insurance UK Ltd & Ors [2021] EWHC 1729 (QB) (25 June 2021)
The High Court held it could hand down a reserved judgment after settlement, finding public interest in publishing a novel point on absolute privilege and related claims.
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