Francis v Pearson [2024] EWHC 605 (KB) (19 March 2024)

Francis v Pearson [2024] EWHC 605 (KB) (19 March 2024)

The evidence did not support an inference of abuse of process or warehousing by the claimant; both parties contributed to delay. The claims have a legitimate purpose and are not pointless or wasteful. The applications to strike out are dismissed. Permission is granted to amend the pleadings, including the reference to graffiti as evidence of damage.

Citation
[2024] EWHC 605 (KB)
Parties
Claimant: Sylvan Clement Francis; Defendant: Paul Pearson; Defendant: Susannah Burston
Jurisdiction
England and Wales
Judgment Date
19 March 2024
Procedural Posture
Libel / Interlocutory Applications: Strike Out and Amendment of Pleadings
Outcome
Applications to strike out dismissed; permission to amend pleadings granted.
Legal Topics
Libel, Abuse of Process, Delay in Prosecution, Jameel Abuse, Amendment of Pleadings
Defamation Civil Procedure Libel Abuse of Process Delay in Prosecution Jameel Abuse Amendment of Pleadings

Case Brief

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Parties

Sylvan Clement Francis

Claimant

Paul Pearson

Defendant

Susannah Burston

Defendant

Procedural Posture

Libel / Interlocutory Applications: Strike Out and Amendment of Pleadings

Legal Issues

  1. 1 Whether the claims should be struck out for abuse of process due to delay and/or want of prosecution
  2. 2 Whether the claims should be struck out on Jameel grounds (no real or substantial tort)
  3. 3 Whether the claimant should be permitted to amend his pleadings

Ratio Decidendi

The evidence did not support an inference of abuse of process or warehousing by the claimant; both parties contributed to delay. The claims have a legitimate purpose and are not pointless or wasteful. The applications to strike out are dismissed. Permission is granted to amend the pleadings, including the reference to graffiti as evidence of damage.

Court Disposition

Applications to strike out dismissed; permission to amend pleadings granted.

Orders

  • Defendants' applications to strike out both claims are dismissed.
  • Claimant's applications to amend pleadings in both actions are granted, including the reference to graffiti.