Smith v Dha

Smith v Dha

The cause of action abated on 7 November 2012 upon the death of the claimant. There is no provision within the CPR to backdate any subsequent judgment. Accordingly, no judgment will be given.

Parties
Claimant: Harvey Smith; Defendant: Bobby Dha
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Defamation / Application for Ruling on Meaning and Strike Out/summary Judgment
Outcome
action abated, no judgment given
Legal Topics
Abatement of Action, Effect of Death on Proceedings, CPR 40.7, Actio Personalis Moritur Cum Persona
Defamation Civil Procedure Abatement of Action Effect of Death on Proceedings CPR 40.7 Actio Personalis Moritur Cum Persona

Case Brief

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Parties

Harvey Smith

Claimant

Bobby Dha

Defendant

Procedural Posture

Defamation / Application for Ruling on Meaning and Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the words complained of were capable of bearing a defamatory meaning
  2. 2 Whether the claim should be struck out or summary judgment granted
  3. 3 Effect of claimant's death on the defamation action

Ratio Decidendi

The cause of action abated on 7 November 2012 upon the death of the claimant. There is no provision within the CPR to backdate any subsequent judgment. Accordingly, no judgment will be given.

Court Disposition

action abated, no judgment given