Sarah Pedder And Alan Dummer v News Group Newspapers Ltd [2003] EWHC 2442 (QB) (07 October 2003)

Sarah Pedder And Alan Dummer v News Group Newspapers Ltd [2003] EWHC 2442 (QB) (07 October 2003)

The claims in respect of the Sun articles represent an attempt to re-litigate issues already decided in the Associated Newspapers action; the combination of the claimants' ability to litigate at no cost risk to themselves, the defendants' exposure to unrecoverable costs, and the chilling effect on freedom of expression constitutes the necessary additional element to justify dismissal for abuse of process.

Citation
[2003] EWHC 2442
Parties
Claimant: Sarah Pedder; Claimant: Alan Dummer; Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2003
Procedural Posture
Libel/defamation / Application to Dismiss as Abuse of Process Prior to Trial
Outcome
Claim dismissed as an abuse of process
Legal Topics
Abuse of Process, Re Litigation, Conditional Fee Agreements, Freedom of Expression, Costs in Litigation
Media Law Defamation Civil Procedure Abuse of Process Re Litigation Conditional Fee Agreements Freedom of Expression Costs in Litigation

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Parties

Sarah Pedder

Claimant

Alan Dummer

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Libel/defamation / Application to Dismiss as Abuse of Process Prior to Trial

Legal Issues

  1. 1 Whether the claim against News Group Newspapers Ltd constitutes an abuse of process by re-litigating issues already decided in previous proceedings against Associated Newspapers Ltd
  2. 2 Whether the existence of a Conditional Fee Agreement without After the Event insurance constitutes an 'additional element' justifying dismissal for abuse of process

Ratio Decidendi

The claims in respect of the Sun articles represent an attempt to re-litigate issues already decided in the Associated Newspapers action; the combination of the claimants' ability to litigate at no cost risk to themselves, the defendants' exposure to unrecoverable costs, and the chilling effect on freedom of expression constitutes the necessary additional element to justify dismissal for abuse of process.

Court Disposition

Claim dismissed as an abuse of process

Orders

  • Claims in respect of the first, second, third, and fourth Sun articles dismissed as an abuse of process.