Arden LJ summarised the law as regard abuse of process claims in defamation cases, saying that while the court must provide a remedy in a case that requires one, the process of the court should not be used in a case where the need has gone away.
Judges:
Arden, Lloyd Jones LJJ, Tugendhat J
Citations:
[2012] EWCA Civ 1655, [2013] EMLR 13
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Cammish v Hughes QBD 20-Apr-2012
The defendant disputed whether the words complained of were defamatory, and whether the action was an abuse as being ‘not worth the candle’. The parties were in opposition over a proposed development of a biomass plant.
Held: The court found . .
Cited by:
Cited – Hamaiziam and Another v The Commissioner of Police for The Metropolis QBD 17-Apr-2013
Two serving prisoners asserted defamation by the respondent in a publication suggesting that they were associated with a murder. . .
Cited – Lachaux v Independent Print Ltd (1) CA 12-Sep-2017
Defamation – presumption of damage after 2013 Act
The claimant said that the defendant had published defamatory statements which were part of a campaign of defamation brought by his former wife. The court now considered the requirement for substantiality in the 2013 Act.
Held: The defendant’s . .
Cited – Stocker v Stocker SC 3-Apr-2019
The parties had been married and divorced. Mrs S told M S’s new partner on Facebook that he had tried to strangle her and made other allegations. Mrs S now appealed from a finding that she had defamed him. Lord Kerr restated the approach to meaning . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 29 January 2022; Ref: scu.467059