Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Strike out of claim by former employee against stud farm concerning notification to bookseller of allegedly defamatory material
|
or click here to request site subscription to search and view all judgments |
High Court grants order dismissing a claim against the owner of a stud farm by a former employee, arising from a letters sent by the owner to a bookseller and potential distributor of a book written by the former employee notifying the bookseller of potentially defamatory content in the book, and content that breached the confidentiality clause of a settlement agreement, on the grounds that: (a) the former employee had abused the process of the court in attempting to re-litigate matters decided in earlier proceedings; (b) the former employee had failed to establish any malice in the sending of the letters; and (c) to allow the claim to proceed would be a waste of court time and therefore vexatious.
Application to strike out claim - whether claim disclosed reasonable cause of action - whether vexatious - abuse of process - claim by former employee against owner of stud farm - employment dispute resolved by agreement in 2014 - confidentiality clause - former employee writing book about stud farm - whether book breached confidentiality agreement - defamatory content - notification of concerns to distributors and booksellers - claim by former employee for injunctive relief arising from notifications - refusal of injunctive relief - whether notification gave rise to a cause of action - appeal dismissed by Court of Appeal - further claim for defamation - injunctive relief sought - further notification sent by owner of stud farm - withdrawal of claim for injunctive relief - application to dismiss action - whether former employee was re-litigating issues already decided.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
