Ewing v News International Ltd & Ors [2008] EWHC 1390 (QB) (22 July 2008)

Ewing v News International Ltd & Ors [2008] EWHC 1390 (QB) (22 July 2008)

Leave to institute proceedings under section 42(3) Supreme Court Act 1981 should only be granted if the claim has a real prospect of success and is not an abuse of process, considering all relevant circumstances including the claimant's previous conduct. The claims in relation to the hard copy articles are statute-barred and there is no equitable basis to disapply the limitation period under section 32A Limitation Act 1980. The proposed claims are without merit, disproportionate, and amount to an abuse of process. Accordingly, leave is refused.

Citation
[2008] EWHC 1390
Parties
Proposed Claimant: Terence Patrick Ewing; First Proposed Defendant: News International Limited; Second Proposed Defendant: Times Newspapers Limited; Third Proposed Defendant: Northcliffe Media Limited; Fourth Proposed Defendant: North Somerset News and Media Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Application for Leave to Institute Civil Proceedings by Vexatious Litigant / Judgment on Application for Leave Under Section 42(3) Supreme Court Act 1981
Outcome
Leave to institute proceedings refused.
Legal Topics
Vexatious Litigants, Leave to Institute Proceedings, Limitation Period, Defamation, Abuse of Process, Human Rights, Proportionality, Costs
Civil Procedure Defamation Media Law Vexatious Litigants Leave to Institute Proceedings Limitation Period Abuse of Process Human Rights +2 more

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Parties

Terence Patrick Ewing

Proposed Claimant

News International Limited

First Proposed Defendant

Times Newspapers Limited

Second Proposed Defendant

Northcliffe Media Limited

Third Proposed Defendant

North Somerset News and Media Limited

Fourth Proposed Defendant

Procedural Posture

Application for Leave to Institute Civil Proceedings by Vexatious Litigant / Judgment on Application for Leave Under Section 42(3) Supreme Court Act 1981

Legal Issues

  1. 1 What is the correct test for granting leave to a vexatious litigant under section 42(3) of the Supreme Court Act 1981?
  2. 2 Should the limitation period for defamation claims be disapplied under section 32A of the Limitation Act 1980?
  3. 3 Do the proposed claims in defamation and ancillary matters have a real prospect of success or are they an abuse of process?

Ratio Decidendi

Leave to institute proceedings under section 42(3) Supreme Court Act 1981 should only be granted if the claim has a real prospect of success and is not an abuse of process, considering all relevant circumstances including the claimant's previous conduct. The claims in relation to the hard copy articles are statute-barred and there is no equitable basis to disapply the limitation period under section 32A Limitation Act 1980. The proposed claims are without merit, disproportionate, and amount to an abuse of process. Accordingly, leave is refused.

Court Disposition

Leave to institute proceedings refused.

Orders

  • Leave to institute proceedings against all defendants is refused.
  • Claims against first and third defendants (News International Limited and Northcliffe Media Limited) are dismissed as they are not publishers of the relevant articles.