Bewry v Reed Elseveir (UK) Ltd & Anor

Bewry v Reed Elseveir (UK) Ltd & Anor

The claimant did not know of the publications until after the limitation period had expired, acted promptly upon discovery, and negotiated in good faith. The prejudice to the claimant from being shut out outweighs the limited prejudice to the defendants. It is equitable to extend the limitation period under section 32A of the Limitation Act 1980. The Jameel application to strike out is dismissed as severing later publications would serve no useful purpose.

Parties
Claimant: Raymond Russell Bewry; Defendant: Reed Elseveir (UK) Limited; Defendant: Community Care Inform
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Libel Claim / Ruling on Limitation Extension and Strike Out Applications
Outcome
Limitation period extended; strike-out application dismissed; summary disposal application adjourned.
Legal Topics
Libel, Limitation Period, Discretionary Exclusion, Strike Out Application, Summary Disposal
Defamation Limitation of Actions Libel Limitation Period Discretionary Exclusion Strike Out Application Summary Disposal

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Parties

Raymond Russell Bewry

Claimant

Reed Elseveir (UK) Limited

Defendant

Community Care Inform

Defendant

Procedural Posture

Libel Claim / Ruling on Limitation Extension and Strike Out Applications

Legal Issues

  1. 1 Whether the limitation period for defamation should be extended under section 32A of the Limitation Act 1980
  2. 2 Whether the claim should be struck out for disclosing no substantial tort (Jameel application)
  3. 3 Whether summary disposal should be granted due to lack of defence

Ratio Decidendi

The claimant did not know of the publications until after the limitation period had expired, acted promptly upon discovery, and negotiated in good faith. The prejudice to the claimant from being shut out outweighs the limited prejudice to the defendants. It is equitable to extend the limitation period under section 32A of the Limitation Act 1980. The Jameel application to strike out is dismissed as severing later publications would serve no useful purpose.

Court Disposition

Limitation period extended; strike-out application dismissed; summary disposal application adjourned.

Orders

  • Limitation period for defamation claim extended under section 32A Limitation Act 1980.
  • Jameel strike-out application dismissed.