Jerrard v Blyth & Ors [2014] EWHC 647 (QB) (11 March 2014)

Jerrard v Blyth & Ors [2014] EWHC 647 (QB) (11 March 2014)

The claim against the Third Defendant was never served and remained extant in limbo; formal order to set aside was required. The conduct of the Claimant and his solicitors was unreasonable, causing unnecessary costs and uncertainty, justifying indemnity costs.

Citation
[2014] EWHC 647
Parties
Claimant: Donald George Jerrard; First Defendant: Hamish Blyth; Second Defendant: Jeremy Austin Olsen; Third Defendant: Anthony Groves
Jurisdiction
England and Wales
Judgment Date
11 March 2014
Procedural Posture
Civil Defamation (libel) / Interlocutory Judgment on Application to Set Aside Claim and Costs
Outcome
Claim against Third Defendant set aside; indemnity costs awarded.
Legal Topics
Libel, Service of Proceedings, Costs, Indemnity Costs, Discontinuance
Civil Procedure Defamation Libel Service of Proceedings Costs Indemnity Costs Discontinuance

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Parties

Donald George Jerrard

Claimant

Hamish Blyth

First Defendant

Jeremy Austin Olsen

Second Defendant

Anthony Groves

Third Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Judgment on Application to Set Aside Claim and Costs

Legal Issues

  1. 1 Whether claim against Third Defendant should be set aside due to lack of service
  2. 2 Whether indemnity costs should be awarded against Claimant
  3. 3 Proper procedure for discontinuance under CPR

Ratio Decidendi

The claim against the Third Defendant was never served and remained extant in limbo; formal order to set aside was required. The conduct of the Claimant and his solicitors was unreasonable, causing unnecessary costs and uncertainty, justifying indemnity costs.

Court Disposition

Claim against Third Defendant set aside; indemnity costs awarded.

Orders

  • Claim against Third Defendant set aside.
  • Claimant to pay Third Defendant's costs on indemnity basis.