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

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

The default judgment against the third defendant is set aside because he has a real prospect of successfully defending the claim on grounds including limitation, lack of liability for republication, qualified privilege, and justification. The applications to vary the joinder order are considered in light of procedural irregularities and the necessity test under CPR 19.5 and Limitation Act 1980 s35. The claims against the new defendants are time-barred unless the court exercises discretion under s32A of the Limitation Act 1980.

Citation
[2004] EWHC 1981
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 of Parties, Limitation Issues
Outcome
Default judgment against the third defendant set aside; joinder applications and limitation issues reserved for further determination; claimant's application for payment into court dismissed.
Legal Topics
Slander, Joinder of Parties, Limitation Periods, Default Judgment, Qualified Privilege, Justification, Repetition of Defamation, Injunctions
Defamation Civil Procedure Slander Joinder of Parties Limitation Periods Default Judgment Qualified Privilege Justification +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 of Parties, Limitation Issues

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 necessary under CPR 19.5 and Limitation Act 1980 s35
  3. 3 Whether the claims against the new defendants are time-barred under the Limitation Act 1980 s4A

Ratio Decidendi

The default judgment against the third defendant is set aside because he has a real prospect of successfully defending the claim on grounds including limitation, lack of liability for republication, qualified privilege, and justification. The applications to vary the joinder order are considered in light of procedural irregularities and the necessity test under CPR 19.5 and Limitation Act 1980 s35. The claims against the new defendants are time-barred unless the court exercises discretion under s32A of the Limitation Act 1980.

Court Disposition

Default judgment against the third defendant set aside; joinder applications and limitation issues reserved for further determination; claimant's application for payment into court dismissed.

Orders

  • Default judgment against the third defendant set aside.
  • Claimant's application for payment into court by the third defendant dismissed.