Pepin v Taylor [2002] EWCA Civ 1522 (10 October 2002)

Pepin v Taylor [2002] EWCA Civ 1522 (10 October 2002)

The Court of Appeal held that the judge was correct to grant summary judgment on the counterclaim as there was no real prospect of a substantive defence succeeding, and that the transfer to Leicester was a proper exercise of discretion given the defendant's circumstances.

Citation
[2002] EWCA Civ 1522
Parties
Claimant/appellant: John Pepin; Defendant/respondent: Roger George Taylor
Jurisdiction
England and Wales
Judgment Date
10 October 2002
Procedural Posture
Appeal (civil) / Appeal From High Court Case Management Conference Decisions
Outcome
Appeal dismissed
Legal Topics
Libel, Summary Judgment, Case Management, Venue Transfer
Defamation Civil Procedure Libel Summary Judgment Case Management Venue Transfer

Case Brief

Summary, issues, holding and outcome

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Parties

John Pepin

Claimant/appellant

Roger George Taylor

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court Case Management Conference Decisions

Legal Issues

  1. 1 Whether summary judgment on the counterclaim for libel was appropriate under CPR Part 24
  2. 2 Whether the transfer of venue to Leicester District Registry was proper

Ratio Decidendi

The Court of Appeal held that the judge was correct to grant summary judgment on the counterclaim as there was no real prospect of a substantive defence succeeding, and that the transfer to Leicester was a proper exercise of discretion given the defendant's circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £100