Reed Elsevier UK Ltd (t/a Lexisnexis) & Anor v Bewry

Reed Elsevier UK Ltd (t/a Lexisnexis) & Anor v Bewry

The claimant failed to provide adequate or persuasive reasons for the substantial delay between acquiring knowledge of the facts and issuing proceedings or applying for disapplication. Ignorance of the limitation period is not a compelling justification in libel claims, and the correspondence did not amount to bona fide negotiations justifying delay. The judge's exercise of discretion to disapply the limitation period was flawed. The claim within the limitation period was minimal and fell within the Jameel jurisdiction for strike out. The appeal was allowed and the claim dismissed.

Parties
Appellant/defendant: Reed Elsevier UK Limited (T/A LexisNexis); Appellant/defendant: Reed Business Information Limited (T/A Community Care Inform); Respondent/claimant: Raymond Russell Bewry
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Limitation and Strike Out Applications
Outcome
appeal allowed, claim dismissed
Legal Topics
Limitation Period, Disapplication of Limitation, Libel, Jameel Abuse, Strike Out Applications
Defamation Civil Procedure Limitation Period Disapplication of Limitation Libel Jameel Abuse Strike Out Applications

Case Brief

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Parties

Reed Elsevier UK Limited (T/A LexisNexis)

Appellant/defendant

Reed Business Information Limited (T/A Community Care Inform)

Appellant/defendant

Raymond Russell Bewry

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Limitation and Strike Out Applications

Legal Issues

  1. 1 Whether the limitation period for libel should be disapplied under section 32A of the Limitation Act 1980
  2. 2 Whether the claimant's claim should be struck out as an abuse of process under the Jameel jurisdiction

Ratio Decidendi

The claimant failed to provide adequate or persuasive reasons for the substantial delay between acquiring knowledge of the facts and issuing proceedings or applying for disapplication. Ignorance of the limitation period is not a compelling justification in libel claims, and the correspondence did not amount to bona fide negotiations justifying delay. The judge's exercise of discretion to disapply the limitation period was flawed. The claim within the limitation period was minimal and fell within the Jameel jurisdiction for strike out. The appeal was allowed and the claim dismissed.

Court Disposition

appeal allowed, claim dismissed

Orders

  • The defendants' appeal is allowed.
  • The claimant's claim is dismissed.