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 were dismissed as an abuse of process because they sought to re-litigate issues already decided in the Associated Newspapers action, and the combination of the claimants' ability to pursue the claim at no costs risk, the defendants' exposure to unrecoverable costs, and the chilling effect on freedom of expression constituted the necessary additional element of unfairness.

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

Case Brief

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Parties

Sarah Pedder

Claimant

Alan Dummer

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Libel Action / Application to Dismiss Claim as Abuse of Process

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
  2. 2 Whether the existence of a Conditional Fee Agreement without ATE insurance constitutes an 'additional element' justifying dismissal for abuse of process

Ratio Decidendi

The claims in respect of the Sun articles were dismissed as an abuse of process because they sought to re-litigate issues already decided in the Associated Newspapers action, and the combination of the claimants' ability to pursue the claim at no costs risk, the defendants' exposure to unrecoverable costs, and the chilling effect on freedom of expression constituted the necessary additional element of unfairness.

Court Disposition

Claim dismissed as abuse of process

Orders

  • Claims in respect of the first, second, third, and fourth Sun articles dismissed
  • Permission to amend Defence granted prior to dismissal