Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)

Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)

The claim was struck out because the claimant consented to or acquiesced in the continued publication after discovery, there was no evidence of substantial publication prior to discovery, and the amendment to the claim form was out of time and constituted a new claim based on different facts.

Citation
[2009] EWHC 29
Parties
Claimant: Christopher Carrie; Defendant: Royd Tolkien
Jurisdiction
England and Wales
Judgment Date
15 January 2009
Procedural Posture
Libel Claim (defamation) / Application for Summary Judgment And/or Strike Out
Outcome
Claim dismissed; summary judgment for the defendant; amendment to claim form disallowed; no permission to bring new claim.
Legal Topics
Libel, Consent as Defence, Abuse of Process, Amendment of Pleadings, Limitation Period
Defamation Civil Procedure Libel Consent as Defence Abuse of Process Amendment of Pleadings Limitation Period

Case Brief

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Parties

Christopher Carrie

Claimant

Royd Tolkien

Defendant

Procedural Posture

Libel Claim (defamation) / Application for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether the claim should be struck out or summary judgment entered due to consent/acquiescence to publication
  2. 2 Whether the amendment to the claim form after the limitation period should be disallowed
  3. 3 Whether there was substantial publication prior to claimant's discovery of the posting

Ratio Decidendi

The claim was struck out because the claimant consented to or acquiesced in the continued publication after discovery, there was no evidence of substantial publication prior to discovery, and the amendment to the claim form was out of time and constituted a new claim based on different facts.

Court Disposition

Claim dismissed; summary judgment for the defendant; amendment to claim form disallowed; no permission to bring new claim.

Orders

  • Summary judgment entered for the defendant
  • Claim struck out as abuse of process