Appeal from strike out of claim as abuse of process. Held: Denied. Judges: Peter Jackson, Dingemans LJJ, Sir Richard McCombe Citations: [2021] EWCA Civ 18, [2021] WLR(D) 73, 2021] 4 WLR 27 Links: Bailii, WLRD Statutes: Defamation Act 1952 3(1) Jurisdiction: England and Wales Defamation Updated: 07 September 2022; Ref: scu.657397
Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lord Justice Warby And Lord Justice Snowden Citations: [2022] EWCA Civ 1067 Links: Bailii Statutes: Defamation Act 1952 3(1) Jurisdiction: England and Wales Defamation, Torts – Other Updated: 09 August 2022; Ref: scu.679733
The claimant had registered trade marks under the name websphere, and accused the defendant of infringement using the name with a hyphen. Held: The claim suceeded. As to the requirement for calculation of damages, ‘the word ‘calculated’ should be interpreted as meaning ‘likely’ or ‘probable’, in an objective sense, rather than something which might well … Continue reading International Businesss Machines Corporation and Another v Web-Sphere Ltd and others: ChD 17 Mar 2004
Malicious falsehood claim fails – complainant not prejudiced in treatment. Citations: Times 31-Dec-1994 Statutes: Defamation Act 1952 3(1)(a) Jurisdiction: England and Wales Defamation Updated: 08 April 2022; Ref: scu.78550
Saini J [2021] EWHC 2988 (QB), [2021] WLR(D) 571 Bailii, WLRD Defamation Act 1952 3(1) England and Wales Defamation, Torts – Other Updated: 05 December 2021; Ref: scu.669936
The claimant sought damages in defamation and malicious falsehood and in respect of a conversation with a journalist and the defendant’s website. The defendant had made offers of support to her business venture in a television program. After she withdrew, the defendant made the comments of which the claimant now complained to a journalist reporting … Continue reading Wright v Caan: QBD 27 Jul 2011
One election candidate said that another had defamed him in an election leaflet. Additional claims were made in injurious falsehood and under the Data Protection Act. Held: The claim in defamation failed. There were no special privileges in defamation attaching to election materials. However the claimant had not been able to establish any malice. The … Continue reading Quinton v Peirce and Another: QBD 30 Apr 2009
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
