Full case report

Wallis v Valentine

Reference [2002] EWCA Civ 1034; [2003] EMLR 175
Court Court of Appeal

Judge Peter Gibson & Potter LJJ and Sir Murray Stuart-Smith

Date of Judgment 18 Jul 2002


Summary

Defamation – Libel – Summary Judgment – Evidence of Publication – No prospect of Success – CPR Part 24 – Abuse of Process


Facts

The Claimant complained of libel published to his wife and unspecificed others. His wife knew whether the libel was true or not. Previte J struck out the claim of publication to others under CPR Part 24 and the remainder of the claim as abuse of process on the grounds of the Claimant’s conduct and the overriding objective.


Issue

Whether court entitled to intervene on the grounds of abuse of process.


Held

Judge was correct to strike out the claim of publication to unspecified others and to find that claim that remained was an abuse.


Comment

Although the facts were extreme this does show an increasing willingness of the courts to exercise control over technically valid but disproportionate claims. However, Eady J has said in Howe & Co v Burden [2004] EWHC 196 (QB) that there is no general “game is not worth the candle” basis for striking out defamation claims.


Instructing Solicitors

Peter Carter-Ruck and Partners


Links

Judgment