Undesirable Conduct Not Sufficient to Strike Out Defences

The trial of Douglas and Zeta-Jones v Hello! Limited and Others has received prominent coverage in both the broadsheet and tabloid newspapers over the last few weeks. Analyses of the privacy laws in this country have been mixed in with snippets about, and commentary on, the evidence given at the High Court by the film stars, Michael Douglas and Catherine Zeta-Jones. One procedural development in the case which did not receive much attention, but which is of interest to those involved in litigation, was the unsuccessful application by the claimants to strike out some of the defences. This decision indicates that only in very exceptional cases will defences be struck out for undesirable conduct and serious transgressions of the rules.