Winslet v Associated Newspapers Ltd
The court has jurisdiction to permit a claimant to read a unilateral statement in open court following acceptance of an offer of amends under the Defamation Act 1996, as such a step is part of bringing proceedings to a conclusion and is not a prohibited continuation of proceedings. There is no statutory or policy reason to exclude such applications from the scope of CPR 53PD 6.1.
- Parties
- Claimant: Kate Winslet; Defendant: Associated Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 03 November 2009
- Procedural Posture
- Libel / Application for Permission to Read a Unilateral Statement in Open Court After Settlement by Offer of Amends
- Outcome
- Application granted
- Legal Topics
- Libel, Offer of Amends, Statements in Open Court, Settlement Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Kate Winslet
Claimant
Associated Newspapers Limited
Defendant
Procedural Posture
Libel / Application for Permission to Read a Unilateral Statement in Open Court After Settlement by Offer of Amends
Legal Issues
- 1 Whether a claimant who accepts an offer of amends under the Defamation Act 1996 is entitled to apply for permission to read a unilateral statement in open court under CPR 53PD 6.1
Ratio Decidendi
The court has jurisdiction to permit a claimant to read a unilateral statement in open court following acceptance of an offer of amends under the Defamation Act 1996, as such a step is part of bringing proceedings to a conclusion and is not a prohibited continuation of proceedings. There is no statutory or policy reason to exclude such applications from the scope of CPR 53PD 6.1.
Court Disposition
Application granted
Orders
- Permission granted for the claimant to read a unilateral statement in open court in the terms proposed.
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