Various Claimants v News Group Newspapers Ltd

Various Claimants v News Group Newspapers Ltd

The Replies, though relying on generic pleadings and cross-references, adequately identify statement of claim facts and knowledge dates for section 32(1)(b) purposes given the complexity of the litigation; deficiencies can be addressed by requests for further information. However, paragraphs 38 and 39 of the GPOC, which plead breaches of collateral duties not sued upon, cannot be relied upon under section 32(2) and are struck out.

Parties
Claimant: Various Claimants; Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
19 June 2020
Procedural Posture
Civil / Interlocutory Judgment on Strike Out Applications
Outcome
Application to strike out Replies dismissed; paragraphs 38 and 39 of GPOC struck out.
Legal Topics
Strike Out Applications, Limitation Period, Concealment, Breach of Duty, Misuse of Private Information
Civil Procedure Privacy Law Limitation Law Strike Out Applications Limitation Period Concealment Breach of Duty Misuse of Private Information

Case Brief

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Parties

Various Claimants

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Strike Out Applications

Legal Issues

  1. 1 Whether Replies adequately plead section 32 Limitation Act 1980 concealment riposte
  2. 2 Whether paragraphs 38 and 39 of Generic Particulars of Concealment and Destruction (GPOC) can be relied upon under section 32(2)
  3. 3 Whether strike-out of Replies or GPOC paragraphs is warranted

Ratio Decidendi

The Replies, though relying on generic pleadings and cross-references, adequately identify statement of claim facts and knowledge dates for section 32(1)(b) purposes given the complexity of the litigation; deficiencies can be addressed by requests for further information. However, paragraphs 38 and 39 of the GPOC, which plead breaches of collateral duties not sued upon, cannot be relied upon under section 32(2) and are struck out.

Court Disposition

Application to strike out Replies dismissed; paragraphs 38 and 39 of GPOC struck out.

Orders

  • Replies not struck out
  • Paragraphs 38 and 39 of GPOC struck out