Orders allowing extension of time for service of the Particulars of Claim.
 EWHC 1847 (QB),  CN 1308
England and Wales
Cited – Totty v Snowden; Hewitt v Wirral and West Cheshire Community NHS Trust CA 31-Jul-2001
Where a party had served a claim form, but then failed to serve the particulars of claim within the appropriate time limit, the court had full discretion to allow an extension of time for service. It had been argued that the same rules applied both . .
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 – Robert v Momentum Services Ltd CA 11-Feb-2003
The claimant appealed against an order refusing an extension of time for service of her particulars of claim. She had made the application before the period expired.
Held: The rules made a clear distinction between applications made before . .
Cited – Lincolnshire County Council v Mouchel Business Services Ltd and Another TCC 21-Feb-2014
Cited – Hallam Estates Ltd and Another v Baker CA 19-May-2014
‘The paying parties appeal against a decision of the High Court reversing a decision of the costs judge, whereby he declined to set aside his earlier order granting an extension of time for serving the points of dispute. The principal issues in this . .
Cited – Denton and Others v TH White Ltd and Others CA 4-Jul-2014
(De Laval Ltd, Part 20 defendant) (Practice Note) Several parties applied for relief from sanctions, having been refused at first instance:
Held: The court identified a three stage process. It should first calculate the seriousness and or . .
See Also – Lachaux v Independent Print Ltd QBD 11-Mar-2015
Judgment as to meaning of certain of the phrases founding the defamation action.
Held: The articles were held to have meant (inter alia) that Mr Lachaux had been violent and abusive towards his wife during their marriage, had hidden Louis’ . .
See Also – Lachaux v Independent Print Ltd QBD 1-Apr-2015
The claimant alleged defamation by the three defendant news organisations. The defendants now sought trial of certain preliminary issues, and particularly whether the claimant had suffered any serious harm to his reputation.
Held: The court . .
See Also – Lachaux v Independent Print Ltd QBD 30-Jul-2015
The claimant brought defamation claims as to articles making allegations said to imply that the claimant had mistreated his wife. The defendant contended that, while inferences might sometimes suffice, s.1 (1) nevertheless required a claimant to . .
See Also – Lachaux v Independent Print Ltd/ Evening Standard Ltd QBD 18-Dec-2015
In each of these libel actions the Claimant applied for an order for the delivery up of documents which he claimed were the subject of legal professional privilege but which have been obtained by the Defendants from his former wife, Ms Lachaux, in . .
See Also – Lachaux v Independent Print Ltd (1) CA 12-Sep-2017
Defamation – presumption of damage after 2013 Act
The claimant said that the defendant had published defamatory statements which were part of a campaign of defamation brought by his former wife. The court now considered the requirement for substantiality in the 2013 Act.
Held: The defendant’s . .
See Also – Lachaux v Independent Print Ltd (2) CA 12-Sep-2017
The court was asked whether the defendants and their solicitors may retain and make use of information contained in documents which are said by the claimant to be confidential and the subject of legal professional privilege . .
See Also – Lachaux v Independent Print Ltd and Another SC 12-Jun-2019
Need to Show Damage Increased by 2013 Act
The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act.
Held: Section 1 of . .
Lists of cited by and citing cases may be incomplete.
Defamation, Costs, Litigation Practice
Updated: 05 April 2022; Ref: scu.549563