Wright v McCormack [2021] EWHC 2671 (QB) (08 October 2021)

Wright v McCormack [2021] EWHC 2671 (QB) (08 October 2021)

The court granted the Claimant's Third Amendment Application to correct timestamp discrepancies as technical and non-prejudicial. The court allowed the Claimant's First Amendment Application to add Publications 12-16 to the Claim Form, finding the amendments either clerical or arising out of substantially the same facts already in issue, and thus permissible under Limitation Act 1980 s 35 and CPR r 17.4. The court did not need to exercise discretion under s 32A Limitation Act 1980 as the amendments were allowed on the primary grounds.

Citation
[2021] EWHC 2671
Parties
Claimant: Dr Craig Wright; Defendant: Peter McCormack
Jurisdiction
England and Wales
Judgment Date
08 October 2021
Procedural Posture
Libel Claim / Pre Trial Review (ptr) and Determination of Amendment Applications
Outcome
Applications granted
Legal Topics
Libel, Limitation Period, Amendment of Pleadings, Serious Harm, Public Interest Defence, Truth Defence
Defamation Media Law Civil Procedure Libel Limitation Period Amendment of Pleadings Serious Harm Public Interest Defence +1 more

Case Brief

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Parties

Dr Craig Wright

Claimant

Peter McCormack

Defendant

Procedural Posture

Libel Claim / Pre Trial Review (ptr) and Determination of Amendment Applications

Legal Issues

  1. 1 Whether the Claimant can amend the Claim Form to add Publications 12-16 after the limitation period expired
  2. 2 Whether the amendments constitute new claims under Limitation Act 1980 and CPR r 17.4
  3. 3 Whether the new claims arise out of the same or substantially the same facts as the original claims

Ratio Decidendi

The court granted the Claimant's Third Amendment Application to correct timestamp discrepancies as technical and non-prejudicial. The court allowed the Claimant's First Amendment Application to add Publications 12-16 to the Claim Form, finding the amendments either clerical or arising out of substantially the same facts already in issue, and thus permissible under Limitation Act 1980 s 35 and CPR r 17.4. The court did not need to exercise discretion under s 32A Limitation Act 1980 as the amendments were allowed on the primary grounds.

Court Disposition

Applications granted

Orders

  • Claimant's Third Amendment Application allowed; timestamps in pleadings corrected
  • Claimant's First Amendment Application allowed; Claim Form amended to include Publications 12-16