Burrell v Clifford

The claim is not clearly time-barred as the facts support the application of section 32 of the Limitation Act 1980. The claim is not an abuse of process because there is a real prospect of more than nominal damages, and the other factors raised do not justify striking out the claim. Alternative case management and costs budgeting can address proportionality concerns.

Parties: Claimant: Paul Burrell; Defendant: Max Clifford
Jurisdiction: England and Wales
Judgment Date: 14 July 2015
Procedural Posture: Civil / Application to Strike Out Claim
Outcome: Defendant's application to strike out the claim dismissed
Legal Topics: Limitation of Actions, Abuse of Process, Breach of Confidence, Misuse of Private Information

Civil Procedure Privacy Law Confidentiality Limitation of Actions Abuse of Process Breach of Confidence Misuse of Private Information

Case Brief

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Parties

Paul Burrell

Claimant

Max Clifford

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

1 Whether the claim is time-barred under the Limitation Act 1980
2 Whether the claim should be struck out as an abuse of process under the Jameel jurisdiction

Ratio Decidendi

Court Disposition

Defendant's application to strike out the claim dismissed

Orders

Claim proceeds to further case management
Directions for future conduct to be considered at or after hand-down of judgment