Lachaux v Independent Print Ltd & Ors

Lachaux v Independent Print Ltd & Ors

Extension of time for service of Particulars of Claim is granted as claims were issued and Claim Forms served within limitation period, Defendants had draft Particulars before expiry, and consolidation is consistent with overriding objective. Orders made without notice are set aside due to procedural deficiencies, but extension of time is still granted.

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 / Interlocutory Applications Prior to Preliminary Issue Trial
Outcome
Extension of time for service of Particulars of Claim granted; orders made without notice set aside; consolidation of actions ordered; preliminary issues to be tried together.
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

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Parties

Bruno Lachaux

Claimant

Independent Print Ltd

Defendant

Evening Standard Ltd

Defendant

AOL (UK) Ltd

Defendant

Procedural Posture

Civil / Interlocutory Applications Prior to Preliminary Issue Trial

Legal Issues

  1. 1 Whether extension of time for service of Particulars of Claim should be granted
  2. 2 Whether consolidation of related actions is appropriate
  3. 3 Whether preliminary issues should be tried together

Ratio Decidendi

Extension of time for service of Particulars of Claim is granted as claims were issued and Claim Forms served within limitation period, Defendants had draft Particulars before expiry, and consolidation is consistent with overriding objective. Orders made without notice are set aside due to procedural deficiencies, but extension of time is still granted.

Court Disposition

Extension of time for service of Particulars of Claim granted; orders made without notice set aside; consolidation of actions ordered; preliminary issues to be tried together.

Orders

  • Extension of time for service of Particulars of Claim in 2nd AOL and 2nd IPL claims
  • Consolidation of 1st and 2nd AOL actions and 1st and 2nd IPL actions