Apsion v Butler

Apsion v Butler

The claim was time-barred under the Limitation Act 1980, with no arguable case for extension under s.32 or s.32A. The defendant's statement was protected by absolute privilege as it was prepared for use in legal and disciplinary proceedings. The claim constituted an abuse of process as a collateral attack on disciplinary findings, and there was no real and substantial tort remaining. Summary judgment was granted for the defendant, with indemnity costs ordered.

Parties
Claimant: Gordon Apsion; Defendant: Rupert Butler
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Civil Defamation (libel and Malicious Falsehood) / Summary Judgment Application; Costs Determination
Outcome
Summary judgment for the defendant; claim dismissed as totally without merit; indemnity costs ordered against claimant.
Legal Topics
Limitation of Actions, Absolute Privilege, Abuse of Process, Collateral Attack, Malicious Falsehood, Summary Judgment, Costs
Defamation Civil Procedure Professional Discipline Limitation of Actions Absolute Privilege Abuse of Process Collateral Attack Malicious Falsehood +2 more

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Parties

Gordon Apsion

Claimant

Rupert Butler

Defendant

Procedural Posture

Civil Defamation (libel and Malicious Falsehood) / Summary Judgment Application; Costs Determination

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether the defendant's statement is protected by absolute privilege/immunity from suit
  3. 3 Whether the claim constitutes an abuse of process as a collateral attack on previous disciplinary findings

Ratio Decidendi

The claim was time-barred under the Limitation Act 1980, with no arguable case for extension under s.32 or s.32A. The defendant's statement was protected by absolute privilege as it was prepared for use in legal and disciplinary proceedings. The claim constituted an abuse of process as a collateral attack on disciplinary findings, and there was no real and substantial tort remaining. Summary judgment was granted for the defendant, with indemnity costs ordered.

Court Disposition

Summary judgment for the defendant; claim dismissed as totally without merit; indemnity costs ordered against claimant.

Orders

  • Claim dismissed in its entirety as totally without merit.
  • Summary judgment entered for the defendant.