Lokhova v Longmuir [2016] EWHC 2579 (QB) (20 October 2016)

Lokhova v Longmuir [2016] EWHC 2579 (QB) (20 October 2016)

Permission to amend the Particulars of Claim to add new causes of action was refused because the proposed new claims were weak, failed to meet the serious harm and Jameel thresholds, were subject to unjustified delay, would prejudice the defendant by depriving him of a limitation defence, and would unnecessarily complicate the litigation. Permission to amend the damages claim to include matters arising from the new claims was also refused for reasons of proportionality and case management.

Citation
[2016] EWHC 2579
Parties
Claimant: Svetlana Lokhova; Defendant: David Longmuir
Jurisdiction
England and Wales
Judgment Date
20 October 2016
Procedural Posture
Defamation (application to Amend Particulars of Claim) / Application for Permission to Amend Pleadings
Outcome
Application refused
Legal Topics
Amendment of Pleadings, Limitation Periods, Aggravated Damages, Offer of Amends, Serious Harm Requirement, Jameel Abuse of Process, Case Management
Defamation Civil Procedure Amendment of Pleadings Limitation Periods Aggravated Damages Offer of Amends Serious Harm Requirement Jameel Abuse of Process +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Svetlana Lokhova

Claimant

David Longmuir

Defendant

Procedural Posture

Defamation (application to Amend Particulars of Claim) / Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to add new causes of action after expiry of the limitation period
  2. 2 Whether the new claims arise out of the same or substantially the same facts as the existing claims (CPR 17.4(2))
  3. 3 Whether the new claims are tenable and meet the serious harm and Jameel thresholds

Ratio Decidendi

Permission to amend the Particulars of Claim to add new causes of action was refused because the proposed new claims were weak, failed to meet the serious harm and Jameel thresholds, were subject to unjustified delay, would prejudice the defendant by depriving him of a limitation defence, and would unnecessarily complicate the litigation. Permission to amend the damages claim to include matters arising from the new claims was also refused for reasons of proportionality and case management.

Court Disposition

Application refused

Orders

  • Permission to amend the Particulars of Claim to add new causes of action is refused.
  • Permission to amend the damages claim to include matters arising from the new claims is refused.