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, taking into account the claimant's previous conduct. The proposed defamation claims are statute-barred under the Limitation Act 1980, and there is no equitable basis to disapply the limitation period due to the claimant's unexplained delay. The claims against the first and third defendants fail as they are not publishers. The remaining claims are either statute-barred or have no real prospect of success and/or are an abuse of process.

Citation
[2008] EWHC 1390 (QB)
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 a 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, Defamation, Limitation Period, Abuse of Process, Human Rights
Civil Procedure Defamation Media Law Vexatious Litigants Leave to Institute Proceedings Limitation Period Abuse of Process Human Rights

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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 a 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 Are the proposed defamation claims statute-barred under the Limitation Act 1980?
  3. 3 Should the limitation period be disapplied under section 32A of the Limitation Act 1980?

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, taking into account the claimant's previous conduct. The proposed defamation claims are statute-barred under the Limitation Act 1980, and there is no equitable basis to disapply the limitation period due to the claimant's unexplained delay. The claims against the first and third defendants fail as they are not publishers. The remaining claims are either statute-barred or have no real prospect of success and/or are an abuse of process.

Court Disposition

Leave to institute proceedings refused.

Orders

  • Leave to commence proceedings against the first and third defendants refused as they are not publishers.
  • Leave to commence proceedings against the second and fourth defendants refused as claims are statute-barred and/or have no real prospect of success.