Hewson v Times Newspapers Ltd & Anor

Hewson v Times Newspapers Ltd & Anor

Permission to amend should be granted because the proposed amendment has a real prospect of success, causes only limited prejudice to the Defendants, and enables the real dispute to be adjudicated. The lateness of the amendment does not cause significant disruption as the litigation is at a preliminary stage and no trial date is lost.

Parties
Claimant: Claimant; First Defendant: Times Newspapers Limited; Second Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Libel Proceedings / Application for Permission to Amend Particulars of Claim Prior to Determination of Preliminary Issue on Meaning
Outcome
Application for permission to amend Particulars of Claim granted
Legal Topics
Amendment of Pleadings, Meaning in Defamation, Preliminary Issues, Overriding Objective, Repetition Rule
Defamation Civil Procedure Amendment of Pleadings Meaning in Defamation Preliminary Issues Overriding Objective Repetition Rule

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Parties

Claimant

Claimant

Times Newspapers Limited

First Defendant

Associated Newspapers Limited

Second Defendant

Procedural Posture

Libel Proceedings / Application for Permission to Amend Particulars of Claim Prior to Determination of Preliminary Issue on Meaning

Legal Issues

  1. 1 Whether the Claimant should be granted permission to amend her Particulars of Claim to plead a higher Chase Level 1 meaning of guilt in libel proceedings after written submissions on preliminary issue of meaning have been exchanged

Ratio Decidendi

Permission to amend should be granted because the proposed amendment has a real prospect of success, causes only limited prejudice to the Defendants, and enables the real dispute to be adjudicated. The lateness of the amendment does not cause significant disruption as the litigation is at a preliminary stage and no trial date is lost.

Court Disposition

Application for permission to amend Particulars of Claim granted

Orders

  • Claimant permitted to amend Particulars of Claim to plead revised meaning including Chase Level 1 (guilt)