Liberty Fashion Wears Ltd v Primark Stores Ltd & Ors

Liberty Fashion Wears Ltd v Primark Stores Ltd & Ors

The claim was struck out as an abuse of process because publication within the jurisdiction was minimal, the claimant had no substantial reputation to protect, the costs of litigation were grossly disproportionate to any possible outcome, and the claimant indicated intent to withdraw the claim. No cause of action was disclosed against Primark (UK) Limited.

Parties
Claimant: Liberty Fashion Wears Ltd; First Defendant: Primark Stores Limited; Second Defendant: Primark Ethical Trading Limited; Third Defendant: Primark (UK) Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2015
Procedural Posture
Civil / Judgment on Application to Strike Out Claim
Outcome
Claim struck out as abuse of process; judgment entered for defendants.
Legal Topics
Abuse of Process, Strike Out, Jurisdiction, Publication, Damages
Defamation Civil Procedure Abuse of Process Strike Out Jurisdiction Publication Damages

Case Brief

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Parties

Liberty Fashion Wears Ltd

Claimant

Primark Stores Limited

First Defendant

Primark Ethical Trading Limited

Second Defendant

Primark (UK) Limited

Third Defendant

Procedural Posture

Civil / Judgment on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim for libel constitutes an abuse of process due to minimal publication within jurisdiction
  2. 2 Whether any cause of action is disclosed against Primark (UK) Limited
  3. 3 Whether the claim should be struck out given lack of substantial reputation and disproportionate costs

Ratio Decidendi

The claim was struck out as an abuse of process because publication within the jurisdiction was minimal, the claimant had no substantial reputation to protect, the costs of litigation were grossly disproportionate to any possible outcome, and the claimant indicated intent to withdraw the claim. No cause of action was disclosed against Primark (UK) Limited.

Court Disposition

Claim struck out as abuse of process; judgment entered for defendants.

Orders

  • Claim against Primark Stores Limited and Primark (UK) Limited struck out.
  • Judgment entered for Primark Stores Limited and Primark (UK) Limited.