Sarayiah v Suren & Anor [2004] EWHC 1981 (QB) (10 September 2004)

Sarayiah v Suren & Anor [2004] EWHC 1981 (QB) (10 September 2004)

Default judgment against the third defendant is set aside because he has a real prospect of successfully defending the claim on grounds of limitation, lack of liability for republication, qualified privilege, and justification; procedural defects in joinder and service entitle new defendants to challenge joinder; joinder of new defendants after expiry of limitation is only permissible if 'necessary' under CPR 19.5 and Limitation Act 1980 s35, which is not satisfied here; payment into court by third defendant is refused.

Citation
[2004] EWHC 1981 (QB)
Parties
Claimant: Isaac Sarayiah; First Defendant: Lucienne Claire Suren; Second Defendant: Clemency Willson – Fraser; Third Defendant: Andrew Foster; Fourth Defendant: Deborah Ann Shewell; Fifth Defendant: RDF Media Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2004
Procedural Posture
Slander/defamation / Interlocutory Applications—setting Aside Default Judgment, Joinder, Limitation, and Related Procedural Matters
Outcome
Default judgment against third defendant set aside; joinder of third, fourth, and fifth defendants set aside; claimant's application for payment into court refused.
Legal Topics
Slander, Joinder of Parties, Limitation Periods, Default Judgment, Qualified Privilege, Re Publication Liability, Injunctions, Damages
Defamation Civil Procedure Slander Joinder of Parties Limitation Periods Default Judgment Qualified Privilege Re Publication Liability +2 more

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Parties

Isaac Sarayiah

Claimant

Lucienne Claire Suren

First Defendant

Clemency Willson – Fraser

Second Defendant

Andrew Foster

Third Defendant

Deborah Ann Shewell

Fourth Defendant

RDF Media Limited

Fifth Defendant

Procedural Posture

Slander/defamation / Interlocutory Applications—setting Aside Default Judgment, Joinder, Limitation, and Related Procedural Matters

Legal Issues

  1. 1 Whether default judgment against the third defendant should be set aside under CPR 13.3
  2. 2 Whether the joinder of the third, fourth, and fifth defendants was proper under CPR 19.5 and Limitation Act 1980 s35
  3. 3 Whether claims against new defendants are time-barred and if s32A Limitation Act 1980 applies

Ratio Decidendi

Default judgment against the third defendant is set aside because he has a real prospect of successfully defending the claim on grounds of limitation, lack of liability for republication, qualified privilege, and justification; procedural defects in joinder and service entitle new defendants to challenge joinder; joinder of new defendants after expiry of limitation is only permissible if 'necessary' under CPR 19.5 and Limitation Act 1980 s35, which is not satisfied here; payment into court by third defendant is refused.

Court Disposition

Default judgment against third defendant set aside; joinder of third, fourth, and fifth defendants set aside; claimant's application for payment into court refused.

Orders

  • Default judgment against Andrew Foster (third defendant) set aside.
  • Joinder of Andrew Foster, Deborah Ann Shewell, and RDF Media Limited as defendants set aside.