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 for service of Particulars of Claim in the second AOL and IPL claims, as claims were issued and served within limitation periods, Defendants had notice of the draft claims, and consolidation is consistent with the overriding objective. Master Yoxall's order is set aside, but extension is granted at Claimant's cost.

Citation
[2015] EWHC 1847 (QB)
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 for service of Particulars of Claim granted; Master Yoxall's order set aside; actions consolidated; preliminary issues to be tried in relation to second AOL and IPL claims; Claimant to pay costs of application.
Legal Topics
Extension of Time, Consolidation of Actions, Service of Particulars of Claim, Preliminary Issues, Serious Harm, Abuse of Process
Defamation Civil Procedure Extension of Time Consolidation of Actions Service of Particulars of Claim Preliminary Issues Serious Harm Abuse of Process

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 for service of Particulars of Claim in the second AOL and IPL claims
  2. 2 Whether the actions against AOL and IPL should be consolidated
  3. 3 Whether preliminary issues should be tried in relation to the second AOL and IPL claims

Ratio Decidendi

The Claimant is granted an extension of time for service of Particulars of Claim in the second AOL and IPL claims, as claims were issued and served within limitation periods, Defendants had notice of the draft claims, and consolidation is consistent with the overriding objective. Master Yoxall's order is set aside, but extension is granted at Claimant's cost.

Court Disposition

Extension of time for service of Particulars of Claim granted; Master Yoxall's order set aside; actions consolidated; preliminary issues to be tried in relation to second AOL and IPL claims; Claimant to pay costs of application.

Orders

  • Extension of time for service of Particulars of Claim in second AOL and IPL claims
  • Consolidation of first and second AOL actions and first and second IPL actions