Carrie v Tolkien

Carrie v Tolkien

The claim is struck out because the claimant consented to continued publication by not removing the posting, the amendment to the claim form is disallowed as it constitutes a new claim outside the limitation period, and there is no evidence of substantial publication prior to claimant's discovery, rendering the claim an abuse of process.

Parties
Claimant: Christopher Carrie; Defendant: Royd Tolkien
Jurisdiction
England and Wales
Judgment Date
15 January 2009
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Claim struck out; amendment disallowed; permission to extend time for application granted.
Legal Topics
Libel, Consent in Publication, Abuse of Process, Amendment of Pleadings, Limitation Period
Defamation Civil Procedure Libel Consent in Publication Abuse of Process Amendment of Pleadings Limitation Period

Case Brief

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Parties

Christopher Carrie

Claimant

Royd Tolkien

Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claim should be struck out for consent to publication
  2. 2 Whether the amendment to the claim form outside 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 is struck out because the claimant consented to continued publication by not removing the posting, the amendment to the claim form is disallowed as it constitutes a new claim outside the limitation period, and there is no evidence of substantial publication prior to claimant's discovery, rendering the claim an abuse of process.

Court Disposition

Claim struck out; amendment disallowed; permission to extend time for application granted.

Orders

  • Claim struck out for consent and abuse of process.
  • Amendment to claim form disallowed.