King's / Queen's Bench Division of the High Court

KB-2023-000257 - [2024] EWHC 647 (KB)

Fecha: 21-Mar-2024

The defendant’s case on the summary judgment/strike-out applications

The defendant’s case on the summary judgment/strike-out applications

The defendants apply for summary judgment pursuant to CPR 24.2 and 24.3 in respect of the defamation claim on the basis that: (i) Mr Sinton has no real prospect of showing that publication of the letter caused or was likely to cause serious harm to his reputation; and (ii) the letter was published on an occasion of qualified privilege and Mr Sinton has no real prospect of establishing malice. The defendants apply for summary judgment in respect of the malicious falsehood claim, principally on the ground that Mr Sinton has no real prospect of establishing malice. The defendants also say that the continued pursuit of these claims amounts to an abuse of process of the kind identified in Jameel v Dow Jones Inc. [2005] EWCA Civ 75, [2005] QB 946 and should be struck out pursuant to CPR 3.4(2)(a) and/or (b).

Guy Vassall-Adams KC for the defendants identifies six issues:

(a)

What is the extent of publication, republication and/or “Slipper damage” (if any) of each of the statements complained of that Mr Sinton has a real prospect of establishing at trial? (Issue 1)

(b)

Does Mr Sinton have a real prospect of establishing that such publication has caused or is likely to cause him serious harm, within the meaning of section 1 of the Defamation Act 2013 (“DA 2013”)? (Issue 2)

(c)

Does Mr Sinton have a real prospect of establishing that such publication was not protected by qualified privilege? (Issue 3)

(d)

Does Mr Sinton have a real prospect of establishing that the Ds (or any of them) were actuated by malice when making the publications? (Issue 4)

(e)

Does Mr Sinton have a real prospect of establishing a cause of action in malicious falsehood in any event? (Issue 5)

(f)

Is the claim an abuse of the Court’s process? (Issue 6)

It is convenient to address these issues sequentially. First, however, it is necessary to set out the principles applicable on an application for summary judgment.