Cases

Freer v Zeb & Ors

Held

Dismissing the claim,

(1) The First Defendant's company was the correct defendant to sue but there was no prospect of establishing that the statements had been made within the scope of employment.

(2) There was no evidence that publication had taken place. This should be remedied by a witness statement from the only unnamed publishee, confirming the statements were heard, their content and describing and confirming who else was present otherwise the claim would be struck out.

(3) The claim was an abuse of process. Damages would be nominal, publication and damage to reputation would be modest and the cost of proceedings disproportionate. Comparison with a virtually identical claim (same words complained of, different occasion) indicated vexatious conduct.

(4) The claim was totally without merit but did not pass the threshold for the Court to make a civil restraint order.

Also