Cases

Clarke v Davey

Held

Dismissing the application: (1) The conflict of evidence on the issue of what words were spoken by D meant that C had a real prospect of success on that issue. The words were capable of bearing a defamatory meaning. C had a real prospect of establishing that More v Weaver [1928] 2 KB 520 was either no longer good law or was distinguishable and that therefore D's words were not protected by absolute privilege. C had no real prospect of establishing that the words spoken by D to Mrs Munson were not protected by qualified privilege, but did have a real prospect of establishing an improper motive constituting malice on D’s part. There was also a real prospect that C would establish that the words disparaged her in her calling. (2) The claim was not an abuse of process. To be an abuse of process the claimant must be seeking some collateral advantage; she was not here. Further, although general damages would be likely to be low, C might recover a significant sum in aggravated damages.

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