Various Claimants v MGN Limited

Various Claimants v MGN Limited

Claims based solely on publication of articles are statute-barred as claimants knew the essential facts at the time of publication. Claims based on underlying unlawful information gathering (UIG) are not suitable for summary judgment as it is not clear-cut that claimants, applying an objective standard of reasonable diligence, were put on inquiry more than 6 years before issuing their claims. The issue of constructive knowledge and when claimants were put on inquiry is fact-sensitive and should be determined at trial.

Parties
Claimant: Various Claimants; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Civil / Summary Judgment Application and Strike Out Application
Outcome
Summary judgment granted in part; publication-based claims struck out as statute-barred; summary judgment refused on underlying UIG claims, which proceed to trial.
Legal Topics
Misuse of Private Information, Limitation Period, Deliberate Concealment, Phone Hacking, Constructive Knowledge
Tort Media Law Limitation of Actions Misuse of Private Information Limitation Period Deliberate Concealment Phone Hacking Constructive Knowledge

Case Brief

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Parties

Various Claimants

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application and Strike Out Application

Legal Issues

  1. 1 Whether claims for misuse of private information against MGN are statute-barred under the Limitation Act 1980
  2. 2 Whether s.32(1)(b) Limitation Act 1980 (deliberate concealment) applies to defer the limitation period
  3. 3 What facts are essential to plead a valid claim for misuse of private information in the context of deliberate concealment

Ratio Decidendi

Claims based solely on publication of articles are statute-barred as claimants knew the essential facts at the time of publication. Claims based on underlying unlawful information gathering (UIG) are not suitable for summary judgment as it is not clear-cut that claimants, applying an objective standard of reasonable diligence, were put on inquiry more than 6 years before issuing their claims. The issue of constructive knowledge and when claimants were put on inquiry is fact-sensitive and should be determined at trial.

Court Disposition

Summary judgment granted in part; publication-based claims struck out as statute-barred; summary judgment refused on underlying UIG claims, which proceed to trial.

Orders

  • Claims for misuse of private information based solely on publication of articles are struck out or summary judgment entered for MGN.
  • Claims based on underlying UIG (unlawful information gathering) are to proceed to trial.