C v Mirror Group Newspapers & Ors [1996] EWCA Civ 1290 (21 June 1996)

C v Mirror Group Newspapers & Ors [1996] EWCA Civ 1290 (21 June 1996)

The facts relevant to the cause of action under s 32A of the Limitation Act 1980 are confined to those necessary to establish a prima facie case, not facts relevant to a possible defence such as privilege. The appellant's libel claim is time-barred. However, the claim for malicious falsehood should not be struck out at this stage as there is an arguable case on malice and damages, given the unusual circumstances and the seriousness of the allegations published.

Citation
[1996] EWCA Civ 1290
Parties
Plaintiff/appellant: C (Lorraine Ann Witt); Defendant/respondent: Mirror Group Newspapers; Defendant/respondent: South-West Wales Newspapers; Defendant/respondent: Swansea Press; Defendant/respondent: Western Mail & Echo Ltd
Jurisdiction
England and Wales
Judgment Date
21 June 1996
Procedural Posture
Appeal (civil) / Appeal From Queen's Bench Division, Striking Out Proceedings
Outcome
Appeal allowed in part
Legal Topics
Libel, Malicious Falsehood, Limitation Periods, Privilege, Striking Out Applications
Defamation Tort Media Law Libel Malicious Falsehood Limitation Periods Privilege Striking Out Applications

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Parties

C (Lorraine Ann Witt)

Plaintiff/appellant

Mirror Group Newspapers

Defendant/respondent

South-West Wales Newspapers

Defendant/respondent

Swansea Press

Defendant/respondent

Western Mail & Echo Ltd

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Queen's Bench Division, Striking Out Proceedings

Legal Issues

  1. 1 Whether the appellant's libel claim is time-barred under the Limitation Act 1980, s 32A
  2. 2 Whether facts relevant to a defence (privilege) are 'facts relevant to the cause of action' under s 32A
  3. 3 Whether the claim for malicious falsehood should be struck out for lack of arguable case on malice or damages

Ratio Decidendi

The facts relevant to the cause of action under s 32A of the Limitation Act 1980 are confined to those necessary to establish a prima facie case, not facts relevant to a possible defence such as privilege. The appellant's libel claim is time-barred. However, the claim for malicious falsehood should not be struck out at this stage as there is an arguable case on malice and damages, given the unusual circumstances and the seriousness of the allegations published.

Court Disposition

Appeal allowed in part

Orders

  • Plaintiff to pay three-quarters of taxed costs of each defendant in relation to striking-out proceedings, not to be enforced until conclusion of action for malicious falsehood or without leave of the court
  • Plaintiff's statement of claim in libel and malicious falsehood to be served by 1st September