Parris v Ajayi & Ors

Parris v Ajayi & Ors

Permission to amend the Defence is granted to plead the Friend and Johnson exclusion principle defences. The claim is struck out insofar as it seeks damages for losses arising from dismissal, including special damages for loss of employment reference, as these fall within the Johnson exclusion area and are not recoverable at common law. The remainder of the claim, relating to publication independent of dismissal, is not struck out or summarily dismissed as it raises factual and legal issues unsuitable for summary determination.

Parties
Claimant: Catherine Mary Parris; First Defendant: Olanrewaju Ajayi; Second Defendant: SHC Clemsfold Group Limited; Third Defendant: SHC Rapkyns Group Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Civil (defamation, Malicious Falsehood) / Interlocutory Application for Permission to Amend Defence, Strike Out, And/or Summary Judgment
Outcome
Application allowed in part; permission to amend Defence granted; claim partially struck out; remainder proceeds to trial.
Legal Topics
Consent/leave and Licence Defence, Johnson Exclusion Principle, Abuse of Process (henderson V Henderson), Summary Judgment, Strike Out, Employment References, Malicious Falsehood, Serious Harm (defamation Act 2013), Jameel Abuse of Process
Defamation Employment Law Civil Procedure Consent/leave and Licence Defence Johnson Exclusion Principle Abuse of Process (henderson V Henderson) Summary Judgment Strike Out +4 more

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Parties

Catherine Mary Parris

Claimant

Olanrewaju Ajayi

First Defendant

SHC Clemsfold Group Limited

Second Defendant

SHC Rapkyns Group Limited

Third Defendant

Procedural Posture

Civil (defamation, Malicious Falsehood) / Interlocutory Application for Permission to Amend Defence, Strike Out, And/or Summary Judgment

Legal Issues

  1. 1 Whether the defence of consent/leave and licence (Friend v CAA) applies to the publication of the statement by the First Defendant
  2. 2 Whether the claim is barred by the Johnson exclusion principle (Johnson v Unisys Ltd)
  3. 3 Whether the claim for special damages for loss of employment reference has a real prospect of success

Ratio Decidendi

Permission to amend the Defence is granted to plead the Friend and Johnson exclusion principle defences. The claim is struck out insofar as it seeks damages for losses arising from dismissal, including special damages for loss of employment reference, as these fall within the Johnson exclusion area and are not recoverable at common law. The remainder of the claim, relating to publication independent of dismissal, is not struck out or summarily dismissed as it raises factual and legal issues unsuitable for summary determination.

Court Disposition

Application allowed in part; permission to amend Defence granted; claim partially struck out; remainder proceeds to trial.

Orders

  • Permission to amend Defence granted to plead Friend and Johnson exclusion principle defences.
  • Paragraphs 20(b), 27, 29.2, 29.3, 29.5, 29.6, and 30-30.10 of the Particulars of Claim struck out.