High Court, in defamation proceedings concerning the publication of a 'pilot update' article to the plaintiff's pilots in 2013, examines statements of fact and opinion contained in pleadings and strikes out a plea of 'honest opinion' from defendant's defence, on the grounds that the words used convey a 'sting' about which no complaint of defamation is made by the plaintiff, and therefore it cannot form part of the defendant's substantive defence in the matter.
Defamation - publication of article to plaintiff's pilots - whether article published by Dutch foundation with no responsibility or liability in law - plaintiff's application to strike out pleas of 'truth' and 'honest opinion' by defendant - statutory defence of honest opinion - allegations of fact - statements consisting of opinion - pleadings - article wording - fact underlying opinions - profit warning - wording in article convey a 'sting' about which no complaint is made by the plaintiff, and thus cannot form part of defence.