Douglas & Ors v Hello! Ltd.& Ors

Douglas & Ors v Hello! Ltd.& Ors

Permission to re-amend the particulars of claim is granted as the amendments are justified by new evidence and there are reasonable grounds for the claims. The application to strike out the claims against the Marquesa and NOL is dismissed as the re-amended particulars disclose a cause of action. The application to strike out the defences of the Hello! Defendants is refused; despite serious misconduct, a fair trial remains possible and the deficiencies do not justify striking out the defence.

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 / Ruling on Interlocutory Applications: Permission to Re Amend Particulars of Claim, Strike Out Applications, and Related Procedural Matters
Outcome
Claimants granted permission to re-amend particulars of claim; application to strike out claims against Marquesa and NOL dismissed; no order on application to strike out Hello! Defendants' defences.
Legal Topics
Breach of Confidence, Privacy, Disclosure and Discovery, Conspiracy, Destruction of Evidence, Amendment of Pleadings
Civil Procedure Tort Law Media Law Breach of Confidence Privacy Disclosure and Discovery Conspiracy Destruction of Evidence +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 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

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 / Ruling on Interlocutory Applications: Permission to Re Amend Particulars of Claim, Strike Out Applications, and Related Procedural Matters

Legal Issues

  1. 1 Whether to grant permission to the claimants to re-amend the particulars of claim
  2. 2 Whether to strike out the defences of the Hello! Defendants for abuse of process, false evidence, and destruction of documents
  3. 3 Whether to strike out the claims against the Marquesa and Neneta Overseas Ltd for disclosing no reasonable cause of action

Ratio Decidendi

Permission to re-amend the particulars of claim is granted as the amendments are justified by new evidence and there are reasonable grounds for the claims. The application to strike out the claims against the Marquesa and NOL is dismissed as the re-amended particulars disclose a cause of action. The application to strike out the defences of the Hello! Defendants is refused; despite serious misconduct, a fair trial remains possible and the deficiencies do not justify striking out the defence.

Court Disposition

Claimants granted permission to re-amend particulars of claim; application to strike out claims against Marquesa and NOL dismissed; no order on application to strike out Hello! Defendants' defences.

Orders

  • Permission to re-amend particulars of claim granted to claimants
  • Application of Marquesa and NOL to strike out claims against them dismissed