Kim v Park & Ors [2011] EWHC 1781 (QB) (08 July 2011)

Kim v Park & Ors [2011] EWHC 1781 (QB) (08 July 2011)

The Master erred in striking out the claim without giving the claimant an opportunity to rectify the defect by identifying publishees, especially after the claimant submitted witness statements evidencing publication. The appeal is allowed and the claim reinstated.

Citation
[2011] EWHC 1781
Parties
Claimant: In Soo Kim; First Defendant: Youg Geun Park; Second Defendant: Soo Jung Kim; Third Defendant: Boem Jae Cho; Fourth Defendant: Hanintv.com
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Appeal / Appeal Against Order Striking Out Claim for Libel
Outcome
Appeal allowed; order striking out claim set aside
Legal Topics
Libel, Publication on Internet, Striking Out Pleadings, Opportunity to Amend Pleadings, Limitation Period
Defamation Civil Procedure Libel Publication on Internet Striking Out Pleadings Opportunity to Amend Pleadings Limitation Period

Case Brief

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Parties

In Soo Kim

Claimant

Youg Geun Park

First Defendant

Soo Jung Kim

Second Defendant

Boem Jae Cho

Third Defendant

Hanintv.com

Fourth Defendant

Procedural Posture

Appeal / Appeal Against Order Striking Out Claim for Libel

Legal Issues

  1. 1 Whether the claim for libel should have been struck out for failure to identify publishees
  2. 2 Whether the claimant should have been given an opportunity to rectify the defect by identifying witnesses
  3. 3 Whether late evidence of publication should be admitted

Ratio Decidendi

The Master erred in striking out the claim without giving the claimant an opportunity to rectify the defect by identifying publishees, especially after the claimant submitted witness statements evidencing publication. The appeal is allowed and the claim reinstated.

Court Disposition

Appeal allowed; order striking out claim set aside

Orders

  • Claim reinstated
  • Directions to be given for further progress of the action