Hewson v Times Newspapers Ltd & Anor [2019] EWHC 1000 (QB) (08 March 2019)

Hewson v Times Newspapers Ltd & Anor [2019] EWHC 1000 (QB) (08 March 2019)

Permission to amend is granted because the proposed amendment has a real prospect of success, the prejudice to the Defendants is limited, and the amendment enables the real dispute to be adjudicated. The lateness of the application does not justify refusal in the context of a preliminary issue on meaning, and the authorities on late amendments have limited bearing here.

Citation
[2019] EWHC 1000 (QB)
Parties
Claimant: Barbara Hewson; First Defendant: Times Newspapers Limited; Second Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Libel/defamation / Application for Permission to Amend Particulars of Claim (meaning) Prior to Trial of Preliminary Issue
Outcome
Permission to amend Particulars of Claim granted
Legal Topics
Meaning in Defamation, Amendment of Pleadings, Preliminary Issues, Chase Levels, Repetition Rule
Media Law Defamation Meaning in Defamation Amendment of Pleadings Preliminary Issues Chase Levels Repetition Rule

Case Brief

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Parties

Barbara Hewson

Claimant

Times Newspapers Limited

First Defendant

Associated Newspapers Limited

Second Defendant

Procedural Posture

Libel/defamation / Application for Permission to Amend Particulars of Claim (meaning) Prior to Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend her pleaded meaning to allege a higher (Chase Level 1) meaning in libel proceedings
  2. 2 Whether the proposed amendment has a real prospect of success
  3. 3 Whether the lateness of the application justifies refusal of permission to amend

Ratio Decidendi

Permission to amend is granted because the proposed amendment has a real prospect of success, the prejudice to the Defendants is limited, and the amendment enables the real dispute to be adjudicated. The lateness of the application does not justify refusal in the context of a preliminary issue on meaning, and the authorities on late amendments have limited bearing here.

Court Disposition

Permission to amend Particulars of Claim granted

Orders

  • Claimant granted permission to amend Particulars of Claim to plead a higher (Chase Level 1) meaning