King's / Queen's Bench Division of the High Court
KB-2023-000257 - [2024] EWHC 647 (KB)
Fecha: 21-Mar-2024
Submissions for the claimant
Submissions for the claimant
Ms Page submits that Mr Sinton has an arguable case that the statements, given their pleaded meaning, were false. He also has an arguable case on malice, which is identical to the case deployed to defeat the qualified privilege defence to the defamation claims. Ms Page notes that there is no serious harm threshold in the tort of malicious falsehood, but that if that threshold is surmounted then the position in relation to malicious falsehood is a fortiori.
- 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