Liberty Fashion Wears Ltd v Primark Stores Ltd & Ors [2015] EWHC 415 (QB) (23 February 2015)

Liberty Fashion Wears Ltd v Primark Stores Ltd & Ors [2015] EWHC 415 (QB) (23 February 2015)

The claim was struck out as an abuse of process because publication within the jurisdiction was minimal, Liberty had no substantial reputation to protect in England and Wales, the costs of litigation would be vastly disproportionate to any damages recoverable, and Liberty had abandoned its claim for special damages without explanation. There was no pleaded case against Primark (UK) Limited, which is dormant, and Liberty indicated intent to withdraw the claim.

Citation
[2015] EWHC 415 (QB)
Parties
Claimant: Liberty Fashion Wears Ltd; First Defendant: Primark Stores Limited; Second Defendant: Primark Ethical Trading Limited; Third Defendant: Primark (UK) Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2015
Procedural Posture
Defamation (libel) / Strike Out Application; Final Judgment
Outcome
Claim struck out as abuse of process; judgment entered for First and Third Defendants; costs awarded to First and Third Defendants.
Legal Topics
Abuse of Process, Jurisdiction, Publication, Damages, Strike Out, Costs
Defamation Civil Procedure Abuse of Process Jurisdiction Publication Damages Strike Out Costs

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Parties

Liberty Fashion Wears Ltd

Claimant

Primark Stores Limited

First Defendant

Primark Ethical Trading Limited

Second Defendant

Primark (UK) Limited

Third Defendant

Procedural Posture

Defamation (libel) / Strike Out Application; Final Judgment

Legal Issues

  1. 1 Whether the claim for libel constitutes an abuse of process due to minimal publication within jurisdiction
  2. 2 Whether any cause of action is disclosed against Primark (UK) Limited
  3. 3 Whether the claim should be struck out given lack of substantial reputation and disproportionate costs

Ratio Decidendi

The claim was struck out as an abuse of process because publication within the jurisdiction was minimal, Liberty had no substantial reputation to protect in England and Wales, the costs of litigation would be vastly disproportionate to any damages recoverable, and Liberty had abandoned its claim for special damages without explanation. There was no pleaded case against Primark (UK) Limited, which is dormant, and Liberty indicated intent to withdraw the claim.

Court Disposition

Claim struck out as abuse of process; judgment entered for First and Third Defendants; costs awarded to First and Third Defendants.

Orders

  • Claim struck out against all defendants.
  • Judgment entered for Primark Stores Limited and Primark (UK) Limited.