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 the three new causes of action (two libel, one slander) is refused because the new claims are weak, fail to meet the Jameel threshold, are subject to significant 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 is also refused. The court will strike out parts of the Reply relying on the same matters.

Citation
[2016] EWHC 2579 (QB)
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 / Interlocutory Application for Permission to Amend Pleadings
Outcome
Application refused
Legal Topics
Amendment of Pleadings, Limitation Period, Aggravated Damages, Offer of Amends, Serious Harm Requirement, Jameel Abuse, Case Management
Defamation Civil Procedure Amendment of Pleadings Limitation Period Aggravated Damages Offer of Amends Serious Harm Requirement Jameel Abuse +1 more

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Parties

Svetlana Lokhova

Claimant

David Longmuir

Defendant

Procedural Posture

Defamation—application to Amend Particulars of Claim / Interlocutory 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 or amount to an abuse of process (Jameel threshold)

Ratio Decidendi

Permission to amend the Particulars of Claim to add the three new causes of action (two libel, one slander) is refused because the new claims are weak, fail to meet the Jameel threshold, are subject to significant 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 is also refused. The court will strike out parts of the Reply relying on the same matters.

Court Disposition

Application refused

Orders

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