Lachaux v Independent Print Ltd & Ors [2015] EWHC 1847 (QB) (29 June 2015)

Lachaux v Independent Print Ltd & Ors [2015] EWHC 1847 (QB) (29 June 2015)

The claimant is granted an extension of time to serve Particulars of Claim in the second AOL and IPL claims because the claims were issued and served within the limitation period, draft particulars were provided before expiry, and consolidation promotes efficiency. However, the without notice order of Master Yoxall is set aside due to procedural deficiencies and lack of urgency. Consolidation of the second claims with the first claims is ordered, and preliminary issues will be determined in both sets of claims.

Citation
[2015] EWHC 1847
Parties
Claimant: Bruno Lachaux; Defendant: Independent Print Ltd; Defendant: Evening Standard Ltd; Defendant: AOL (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2015
Procedural Posture
Civil Defamation / Interlocutory Applications Regarding Extension of Time, Consolidation, and Preliminary Issues
Outcome
Extension of time granted for service of Particulars of Claim; Master Yoxall's order set aside; consolidation of claims ordered; preliminary issues to be determined in all claims.
Legal Topics
Defamation, Extension of Time, Consolidation of Actions, Preliminary Issues, Service of Particulars of Claim
Media Law Civil Procedure Defamation Extension of Time Consolidation of Actions Preliminary Issues Service of Particulars of Claim

Case Brief

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Parties

Bruno Lachaux

Claimant

Independent Print Ltd

Defendant

Evening Standard Ltd

Defendant

AOL (UK) Ltd

Defendant

Procedural Posture

Civil Defamation / Interlocutory Applications Regarding Extension of Time, Consolidation, and Preliminary Issues

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time to serve Particulars of Claim in the second AOL and IPL claims
  2. 2 Whether Master Yoxall's without notice order extending time should be set aside
  3. 3 Whether the second AOL and IPL claims should be consolidated with the first claims

Ratio Decidendi

The claimant is granted an extension of time to serve Particulars of Claim in the second AOL and IPL claims because the claims were issued and served within the limitation period, draft particulars were provided before expiry, and consolidation promotes efficiency. However, the without notice order of Master Yoxall is set aside due to procedural deficiencies and lack of urgency. Consolidation of the second claims with the first claims is ordered, and preliminary issues will be determined in both sets of claims.

Court Disposition

Extension of time granted for service of Particulars of Claim; Master Yoxall's order set aside; consolidation of claims ordered; preliminary issues to be determined in all claims.

Orders

  • Extension of time for service of Particulars of Claim in the second AOL and IPL claims
  • Setting aside of Master Yoxall's without notice order