Douglas & Ors v Hello! Ltd.& Ors [2003] EWHC 55 (Ch) (27 January 2003)

Douglas & Ors v Hello! Ltd.& Ors [2003] EWHC 55 (Ch) (27 January 2003)

The court found that the Hello! Defendants had made false and misleading statements to the Court of Appeal, destroyed relevant documents, and failed to give proper disclosure. However, the court determined that the appropriate course was not to strike out the defences at this stage but to allow the claimants to re-amend their particulars of claim to reflect the new evidence and conspiracy allegations. The claims against the Marquesa and Neneta Overseas Ltd were not struck out as they disclosed triable issues.

Citation
[2003] EWHC 55 (Ch)
Parties
Claimant: Michael Douglas; Claimant: Catherine Zeta-Jones; Claimant: Northern & Shell plc; Defendant: Hello! Ltd; Defendant: Hola SA; Defendant: Eduardo Sanchez Junco; Defendant: The Marquesa De Varela; Defendant: Neneta Overseas Ltd; Defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
27 January 2003
Procedural Posture
Civil / Interlocutory Application Before Trial
Outcome
Application to strike out defences refused; permission to re-amend particulars of claim granted; application to strike out claims against Marquesa and Neneta Overseas Ltd refused.
Legal Topics
Breach of Confidence, Privacy, Disclosure and Discovery, Conspiracy, Data Protection, Interlocutory Injunctions, False Evidence
Media Law Privacy Law Civil Procedure Breach of Confidence Privacy Disclosure and Discovery Conspiracy Data Protection +2 more

Case Brief

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Parties

Michael Douglas

Claimant

Catherine Zeta-Jones

Claimant

Northern & Shell plc

Claimant

Hello! Ltd

Defendant

Hola SA

Defendant

Eduardo Sanchez Junco

Defendant

The Marquesa De Varela

Defendant

Neneta Overseas Ltd

Defendant

Philip Ramey

Defendant

Procedural Posture

Civil / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the defences of the Hello! Defendants should be struck out for abuse of process and interference with the course of justice
  2. 2 Whether permission should be granted to the claimants to re-amend their particulars of claim
  3. 3 Whether the claims against the Marquesa and Neneta Overseas Ltd should be struck out for disclosing no reasonable cause of action

Ratio Decidendi

The court found that the Hello! Defendants had made false and misleading statements to the Court of Appeal, destroyed relevant documents, and failed to give proper disclosure. However, the court determined that the appropriate course was not to strike out the defences at this stage but to allow the claimants to re-amend their particulars of claim to reflect the new evidence and conspiracy allegations. The claims against the Marquesa and Neneta Overseas Ltd were not struck out as they disclosed triable issues.

Court Disposition

Application to strike out defences refused; permission to re-amend particulars of claim granted; application to strike out claims against Marquesa and Neneta Overseas Ltd refused.

Orders

  • Permission granted to claimants to re-amend particulars of claim as proposed, subject to specified clarifications.
  • Application to strike out defences of Hello! Defendants refused.