Bewry v Reed Elseveir (UK) Ltd & Anor [2013] EWHC 3182 (QB) (10 October 2013)

Bewry v Reed Elseveir (UK) Ltd & Anor [2013] EWHC 3182 (QB) (10 October 2013)

It is equitable to extend the limitation period under section 32A of the Limitation Act 1980 because the claimant was unaware of the publications for the first year, acted promptly upon discovery, entered bona fide negotiations, and the prejudice to the defendant from loss of limitation defence is outweighed by the prejudice to the claimant if barred. The Jameel application to strike out the claim is dismissed as the main claim is allowed to proceed for the earlier period, and severing later minor publications would serve no useful purpose.

Citation
[2013] EWHC 3182 (QB)
Parties
Claimant: Raymond Russell Bewry; Defendants: Reed Elsevier (UK) Limited & Anor.
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Libel Claim / Interlocutory Applications: Extension of Limitation Period and Strike Out (jameel) Application
Outcome
Claimant's application to extend limitation period granted; defendants' Jameel strike-out application dismissed; claimant's summary disposal application adjourned.
Legal Topics
Extension of Limitation Period, Continuing Publication, Defamation Meaning, Strike Out (jameel) Application, Summary Disposal
Defamation Limitation of Actions Civil Procedure Extension of Limitation Period Continuing Publication Defamation Meaning Strike Out (jameel) Application Summary Disposal

Case Brief

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Parties

Raymond Russell Bewry

Claimant

Reed Elsevier (UK) Limited & Anor.

Defendants

Procedural Posture

Libel Claim / Interlocutory Applications: Extension of Limitation Period and Strike Out (jameel) Application

Legal Issues

  1. 1 Whether the limitation period for bringing a libel claim should be extended under section 32A of the Limitation Act 1980
  2. 2 Whether the claim should be struck out as disclosing no substantial tort (Jameel application)

Ratio Decidendi

It is equitable to extend the limitation period under section 32A of the Limitation Act 1980 because the claimant was unaware of the publications for the first year, acted promptly upon discovery, entered bona fide negotiations, and the prejudice to the defendant from loss of limitation defence is outweighed by the prejudice to the claimant if barred. The Jameel application to strike out the claim is dismissed as the main claim is allowed to proceed for the earlier period, and severing later minor publications would serve no useful purpose.

Court Disposition

Claimant's application to extend limitation period granted; defendants' Jameel strike-out application dismissed; claimant's summary disposal application adjourned.

Orders

  • Limitation period for the libel claim extended under section 32A of the Limitation Act 1980.
  • Jameel application to strike out the claim dismissed.