Applications were launched with in defamation proceedings to seek to recover damages for parties who had not previously been part of the proceedings.
Held: The amendments were refused. The new claimants were now out of time, and it was clear that they had taken steps before the limitation period had expired, but chose to pursue a different and failed approach. Moreover, ‘I accept that Parliament, following the recommendations of the Neill Committee, decided to put in place a more flexible regime, in the sense that the much reduced period of limitation should be balanced by a broader discretion on the court’s part to extend the period, having regard to what is perceived to be ‘equitable’ in all the circumstances of the case. But genuine libel claims must still be pursued with vigour: that is the most important policy consideration underlying the legislative change.’
Eady J
[2007] EWHC 3028 (QB)
Bailii
Defamation Act 1996
England and Wales
Citing:
Cited – D and L Caterers Ltd v D’Ajou 1945
Damages in favour of a corporate body in defamation cases are limited to financial damage. . .
Cited – Grovit and others v Doctor and others HL 24-Apr-1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The . .
Cited – Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation CA 23-Oct-2001
The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused . .
Cited – Hartley v Birmingham City District Council CA 1992
The writ was issued one day late; there had been early notification of the claim; and the defendant’s ability to defend the case was unaffected. The plaintiff asked the court to exercide its discretion to allow the claim t proceed.
Held: The . .
See Also – Adelson and Another v Associated Newspapers Ltd QBD 1-May-2007
. .
See Also – Adelson and Another v Associated Newspapers Ltd CA 9-Jul-2007
The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period.
Held: The claimant was seeking to use the rules for substitution of parties to add a party. In . .
Cited by:
See Also – Adelson and Another v Associated Newspapers QBD 19-Feb-2008
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that . .
Cited – Bewry v Reed Elseveir (UK) Ltd and Another QBD 10-Oct-2013
The claimant had begin proceedings against the defendant legal publishers, saying that their summary of a cash had brought was defamatory. He now sought leave to extend the limitation period for his claim, and the defendants argued that, given the . .
Lists of cited by and citing cases may be incomplete.
Defamation, Damages, Limitation
Updated: 09 November 2021; Ref: scu.263254
