Strike out / summary judgment application in Duke of Sussex v Associated Newspapers

The Claimant's application was heard today before Nicklin J

On 8 July 2022, Nicklin J handed down judgment in the trial of preliminary issues in a libel claim brought by the Duke of Sussex against Associated Newspapers Limited over an article published in February 2022 in the Mail on Sunday and on MailOnline.

The Defence was served on 5 August 2022 in which the Defendant (i) denied that the threshold test under s.1 Defamation Act 2013 had been met, and (ii) relied upon the defence of honest opinion under s.3 of the Defamation Act 2013.

At today’s hearing, Nicklin J considered the Claimant’s contested application to strike out and/or summary judgment on the honest opinion defence.

5RB’s Justin Rushbrooke KC and Jane Phillips appear for the Claimant, instructed by Schillings;

5RB’s Andrew Caldecott KC and Ben Gallop appear for the Defendant, instructed by RPC.