Various Claimants v News Group Newspapers Ltd

Various Claimants v News Group Newspapers Ltd

The amendments to the GPOC are allowed because section 32 was already in play in the original pleading, the amendments do not introduce new factual material objected to, and the generic nature of the pleading is permissible. The amendments clarify the claimants' case on limitation and concealment, and any need for claimant-specific facts can be addressed in individual pleadings or at trial. The objections raised by the defendant do not justify disallowing the amendments.

Parties
Claimant: Various Claimants; Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
04 June 2020
Procedural Posture
Civil / Ruling on Application to Amend Generic Particulars of Claim (gpoc) Regarding Limitation Issues
Outcome
Application to amend GPOC allowed
Legal Topics
Limitation of Actions, Amendment of Pleadings, Concealment and Fraud, Disclosure Obligations
Civil Procedure Media Law Limitation of Actions Amendment of Pleadings Concealment and Fraud Disclosure Obligations

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Parties

Various Claimants

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Generic Particulars of Claim (gpoc) Regarding Limitation Issues

Legal Issues

  1. 1 Whether the claimants should be permitted to amend the GPOC to plead a generic case on limitation under section 32 of the Limitation Act 1980
  2. 2 Whether the amendments properly plead concealment of facts relevant to the claimants' causes of action
  3. 3 Whether the amendments improperly introduce new duties or breaches not previously pleaded

Ratio Decidendi

The amendments to the GPOC are allowed because section 32 was already in play in the original pleading, the amendments do not introduce new factual material objected to, and the generic nature of the pleading is permissible. The amendments clarify the claimants' case on limitation and concealment, and any need for claimant-specific facts can be addressed in individual pleadings or at trial. The objections raised by the defendant do not justify disallowing the amendments.

Court Disposition

Application to amend GPOC allowed

Orders

  • Amendments to the GPOC relating to the section 32 limitation riposte are permitted