Lokhova v Longmuir

Lokhova v Longmuir

Permission to amend the Particulars of Claim to add the three new causes of action is refused because the new claims are weak, delayed, would prejudice the defendant by depriving him of a limitation defence, are unnecessary for vindication, and would disproportionately complicate the litigation. Permission to amend the damages claim is granted only in limited respects, excluding reliance on the three new publications and conduct of others for which the defendant is not responsible. Parts of the Reply relying on the new claims and certain other matters are struck out on the court's own initiative.

Parties
Claimant: Svetlana Lokhova; Defendant: David Longmuir
Jurisdiction
England and Wales
Judgment Date
20 October 2016
Procedural Posture
Defamation / Application for Permission to Amend Particulars of Claim
Outcome
Application to amend Particulars of Claim refused in respect of new claims; limited permission granted to amend damages plea; parts of Reply struck out.
Legal Topics
Amendment of Pleadings, Limitation Period, Offer of Amends, Aggravated Damages, Slander, Libel, Serious Harm Requirement, Case Management
Defamation Civil Procedure Amendment of Pleadings Limitation Period Offer of Amends Aggravated Damages Slander Libel +2 more

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Parties

Svetlana Lokhova

Claimant

David Longmuir

Defendant

Procedural Posture

Defamation / Application for Permission to Amend Particulars of Claim

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 under 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 the three new causes of action is refused because the new claims are weak, delayed, would prejudice the defendant by depriving him of a limitation defence, are unnecessary for vindication, and would disproportionately complicate the litigation. Permission to amend the damages claim is granted only in limited respects, excluding reliance on the three new publications and conduct of others for which the defendant is not responsible. Parts of the Reply relying on the new claims and certain other matters are struck out on the court's own initiative.

Court Disposition

Application to amend Particulars of Claim refused in respect of new claims; limited permission granted to amend damages plea; parts of Reply struck out.

Orders

  • Permission to amend Particulars of Claim to add three new causes of action refused.
  • Permission to amend damages plea granted only in limited respects, excluding reliance on the three new publications and conduct of others for which the defendant is not responsible.