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Bridle & Anor v Williams & Anor
Comment
It is rare to find a case failing on so many grounds. Malice is notoriously difficult to prove but the test on a summary judgment application is not a high one: there must be some evidence from which it could be found that the Defendant had no honest belief in the truth of the words complained or had some other dominant improper motive such as would defeat the occasion of qualified privilege. In this case it was the Claimant who was found to have had an improper collateral purpose in issuing the proceedings. Prospective Claimants would be well advised not to make statements as to why they are bringing legal action unless they are strictly in accordance with the purpose for which the cause of action exists, which in defamation is vindication of reputation. The courts will not allow their processes to be used for impermissible purposes and increasingly will bring a halt to defamation proceedings at an early stage where there is little to be gained in seeing an action through to trial and much to be lost in terms of costs and resources.