E-mail from solicitor concerning booklets of appeal was ‘capable of bearing a defamatory meaning’

Faherty J (nem diss): Defamation - order striking out of proceedings - pleadings disclosing no reasonable cause of action - action arising out of construction suit concerning will of plaintiff's father - judgment delivered in 2007 - ambiguity - correspondence from solicitor - e-mail saying that solicitor had not received booklet of appeal - whether malicious - whether pleadings disclosed a cause of action - whether defamatory - plea of qualified privilege - Order 19, r.28 RSC - Section 6(2) of the Defamation Act 2009 - ruling as to whether a statement was reasonably capable of bearing a defamatory meaning - determination by High Court that e-mail was not capable of bearing a defamatory meaning - qualified privilege - whether recipient of e-mail had a duty to receive it - whether a conflict of evidence existed that required the matter to proceed to plenary hearing - whether statements were capable of being found to have a defamatory meaning - whether statements made on an occasion of qualified privilege - failure of trial judge to resolve conflicts of fact - malice.