The claimant appealed against an order that his claim in defamation had failed for limitation, the judge having held that time ran from publication even though the claimant did not know the identity of the author.
Held: The appeal was dismissed. The court had to take two separate decisions. First had the cause of action accrued. In this case it had, on publication. Secondly, the court must ask whether to exercise its discretion to extend that period because, for example, the identity of the author was unknown.
Judges:
Buxton, Wilson, Moses LJJ
Citations:
[2007] EWCA Civ 416, Times 22-May-2007
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Cressey v E Timm and Son Ltd and E Timm and Son Holding Ltd CA 24-Jun-2005
The claimant sought to counter a defence that his claim was out of time, saying that he had been misinformed as to the name of his employer.
Held: A person could not sue simply ‘his employer’. He must find a name, particularly as against a . .
Cited – Lloyds Investment (Scandinavia) Ltd v Ager-Hanssen ChD 15-Jul-2003
The defendant sought a variation under Part 3.1(7) of an order setting aside an earlier judgment in default of defence, on terms requiring a substantial payment into court with which the defendant, who was a litigant in person, had not complied.
Cited – Collier v Williams and others CA 25-Jan-2006
Various parties appealed refusal and grant of extensions of time for service of claim forms.
Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could . .
Appeal from – Edwards v Golding and others QBD 12-Jul-2006
. .
Cited by:
Cited – Kojima v HSBC Bank Plc ChD 22-Mar-2011
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in . .
Lists of cited by and citing cases may be incomplete.
Defamation, Limitation
Updated: 02 September 2022; Ref: scu.251767