Parris v Ajayi & Ors [2021] EWHC 285 (QB) (12 February 2021)

Parris v Ajayi & Ors [2021] EWHC 285 (QB) (12 February 2021)

Permission to amend the Defence is granted; the claim is not struck out nor is summary judgment granted. The claimant's case is not barred by consent or leave and licence, nor by the Johnson exclusion principle at this stage. The special damages claim is not summarily determined due to factual disputes. The late amendment is permitted given the overriding objective and balancing of prejudice.

Citation
[2021] EWHC 285 (QB)
Parties
Claimant: Catherine Mary Parris; First Defendant: Olanrewaju Ajayi; Second Defendant: SHC Clemsfold Group Limited; Third Defendant: SHC Rapkyns Group Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Civil Defamation and Malicious Falsehood / Interlocutory Application for Permission to Amend Defence, Strike Out, and Summary Judgment
Outcome
Permission to amend Defence granted; strike out and summary judgment refused.
Legal Topics
Libel, Malicious Falsehood, Qualified Privilege, Leave and Licence, Summary Judgment, Strike Out, Abuse of Process, Employment Reference, Compensation for Dismissal
Defamation Employment Law Civil Procedure Libel Malicious Falsehood Qualified Privilege Leave and Licence Summary Judgment +4 more

Case Brief

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Parties

Catherine Mary Parris

Claimant

Olanrewaju Ajayi

First Defendant

SHC Clemsfold Group Limited

Second Defendant

SHC Rapkyns Group Limited

Third Defendant

Procedural Posture

Civil Defamation and Malicious Falsehood / Interlocutory Application for Permission to Amend Defence, Strike Out, and Summary Judgment

Legal Issues

  1. 1 Whether claimant consented to publication (leave and licence)
  2. 2 Application of qualified privilege to publication
  3. 3 Whether claim is barred by Johnson exclusion principle

Ratio Decidendi

Permission to amend the Defence is granted; the claim is not struck out nor is summary judgment granted. The claimant's case is not barred by consent or leave and licence, nor by the Johnson exclusion principle at this stage. The special damages claim is not summarily determined due to factual disputes. The late amendment is permitted given the overriding objective and balancing of prejudice.

Court Disposition

Permission to amend Defence granted; strike out and summary judgment refused.

Orders

  • Defendants granted permission to amend Defence.
  • Claim not struck out.