Matt Hancock and Andrew Bridgen’s legal skirmish over Hancock’s “anti-vax” tweet has kicked off with an indecisive result. Hancock’s request to strike out Bridgen’s libel claim has been rejected today in the High Court – while Bridgen is told that his claim is defective and needs to be changed. Hancock’s team are claiming this as a victory…

“Matt welcomes the fact that a core part of Mr Bridgen’s absurd claim has been struck out as defective. Mr Bridgen has been told if he wants to put forward a non-defective case then he can do so, and if he does we will obviously continue to fight it, and are highly confident of winning. We will be seeking all relevant costs.“

Bridgen hits back and calls that rubbish – the judge gave him a “green light” to “improve our position“. He tells Guido that “once the human shield of Hancock is shot through it’s on to Sunak and the Conservative Party“. The usual fisticuff talk…

The legal point here surrounds whether Hancock’s tweet about the “disgusting and dangerous antisemitic, anti-vax, anti-scientific conspiracy theories spouted by a sitting MP”  constitutes an “ordinary reference” or the much weaker “reference innuendo”. Mrs Justice Steyn is clear in her ruling that Bridgen can’t argue the former:

“The claimant’s pleading of reference is defective. However, the pleading is not only capable of being cured, it is highly likely that the claimant would have little difficulty establishing reference innuendo.“

The case will either be fought in full or be struck out at the next stage. Expect fireworks in a few months…