Lokhova v Tymula

Lokhova v Tymula

The action is statute barred as the limitation period was not disapplied; Ms Lokhova delayed unreasonably after the stay expired in April 2015, her case on malice is weak, and the balance of prejudice favours striking out the claim. Applications for reverse summary judgment and Jameel abuse are refused, but the...

Source-derived case information.

Parties
Claimant: Svetlana Lokhova; Defendant: Piotr Tymula
Jurisdiction
England and Wales
Judgment Date
12 February 2016
Procedural Posture
Libel / Ruling on Applications to Strike Out, Reverse Summary Judgment, Jameel Abuse, and Disapplication of Limitation Period
Outcome
Claim struck out as statute barred; applications for reverse summary judgment and Jameel abuse refused.
Legal Topics
Limitation Period, Qualified Privilege, Malice, Abuse of Process, Jameel Abuse, Reverse Summary Judgment, Vindication, Disclosure, Aggravated Damages
Defamation Employment Law Civil Procedure Limitation Period Qualified Privilege Malice Abuse of Process Jameel Abuse +4 more

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Parties

Svetlana Lokhova

Claimant

Piotr Tymula

Defendant

Procedural Posture

Libel / Ruling on Applications to Strike Out, Reverse Summary Judgment, Jameel Abuse, and Disapplication of Limitation Period

Legal Issues

  1. 1 Whether the limitation period should be disapplied for the libel claim
  2. 2 Whether the claim should be struck out as a Jameel abuse of process
  3. 3 Whether the claim should be struck out or dismissed by reverse summary judgment due to qualified privilege and lack of malice

Ratio Decidendi

The action is statute barred as the limitation period was not disapplied; Ms Lokhova delayed unreasonably after the stay expired in April 2015, her case on malice is weak, and the balance of prejudice favours striking out the claim. Applications for reverse summary judgment and Jameel abuse are refused, but the claim is struck out for being statute barred.

Court Disposition

Claim struck out as statute barred; applications for reverse summary judgment and Jameel abuse refused.

Orders

  • Action struck out under section 4A Limitation Act 1980
  • Applications for reverse summary judgment and Jameel abuse dismissed