Cases

Sharma v Jay & Others

Held

In relation to the application to strike out under r3.4 the court had to assume that the facts were as alleged in the statement of case which was sought to be struck out. So far as the application for summary judgment was concerned, the correct approach to be taken was to consider whether, on the evidence taken at its highest, a jury could not properly come to a conclusion in favour of the party against whom sumary judgment was sought: Swain v Hillman [2001] 1 All ER 91; Alexander v Arts Council of Wales [2001] 1 WLR. The Court held that most of the particulars of malice should be struck out. In light of the decision in Thomas v News Group Newspapers Limited & Another [2001] EWCA Civ 1233 the principal questions to be asked in relation to striking out a harassment claim related to the quality of the acts said to constitute a course of conduct that amounted to harassment. On the evidence the Claimant had failed to establish that the defendant's conduct had been unreasonable or oppressiv

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