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King's / Queen's Bench Division of the High Court
KB-2023-000257 - [2024] EWHC 647 (KB)
Fecha: 21-Mar-2024
Issue 6: Abuse of process
Issue 6: Abuse of process
In the light of my conclusions on the other issues, it is not necessary to address in detail the contention that the claim should be struck out as an abuse of process under CPR 3.4(2). However, I do not consider that the evidence enables me to draw any firm conclusion that the claim is being funded by Mr McKillen, let alone that it is actuated by an improper motive on Mr McKillen’s or Mr Sinton’s part.
- Heading
- Introduction
- Key facts
- The defendant’s case on the summary judgment/strike-out applications
- Summary judgment: the principles
- Issue (1): Publication
- Submissions for the claimant
- Discussion
- Issue (2): Serious harm/defamatory impact
- Submissions for the claimant
- Discussion
- Grounds 3 and 4: Qualified privilege and malice
- Submissions for the claimant
- Discussion
- Ground (5): Malicious falsehood
- Submissions for the claimant
- Discussion
- Issue 6: Abuse of process
- Conclusions