Cases

Bataille v Newland & Ors

Held

On a strike out application the court had to assume that all facts would be established in the Claimant's favour save in so far as it could be demonstrated on written evidence that any particular factual allegation was indisputably false. The next question was whether on those facts, a properly directed jury could draw the inference contended for by the Claimant namely, that the second Defendant had participated in the publication of the letter. The court could only rule out the Claimant's case against the Second Defendant if it was satisfied that it would be perverse for a jury to draw that inference. As to the application for summary judgment, the court could also consider the evidence for determining whether the Claimant's case had no realistic prospect of success. The Court held that it could not rule out the possibility that the Claimant could prove her case against the Second Defendant at trial on the issue of publication.

Also