Gentoo Group Ltd & Anor v Hanratty

Gentoo Group Ltd & Anor v Hanratty

The balance of prejudice favours the claimants; the limitation period should be disapplied to allow the claim to proceed against the defendant for alleged defamatory publications prior to 12 July 2006. There is no significant prejudice to the defendant, and the claim is not so lacking in substance or so clearly an abuse of process as to justify summary judgment or strike out at this stage.

Parties
Claimant: Gentoo Group Limited (formerly Sunderland Housing Company Ltd); Claimant: Peter Walls; Defendant: Stephen Hanratty
Jurisdiction
England and Wales
Judgment Date
07 April 2008
Procedural Posture
Civil (defamation/libel) / Interlocutory Application for Disapplication of Limitation Period Under S.32 a Limitation Act 1980
Outcome
application granted
Legal Topics
Limitation Period, Disapplication of Limitation, Libel, Norwich Pharmacal Orders, Joint Enterprise Liability, Corporate Reputation
Defamation Civil Procedure Limitation Period Disapplication of Limitation Libel Norwich Pharmacal Orders Joint Enterprise Liability Corporate Reputation

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Parties

Gentoo Group Limited (formerly Sunderland Housing Company Ltd)

Claimant

Peter Walls

Claimant

Stephen Hanratty

Defendant

Procedural Posture

Civil (defamation/libel) / Interlocutory Application for Disapplication of Limitation Period Under S.32 a Limitation Act 1980

Legal Issues

  1. 1 Whether the one-year limitation period for libel should be disapplied under s.32A Limitation Act 1980
  2. 2 Whether the claim against the defendant is so lacking in substance as to justify summary judgment or strike out
  3. 3 Whether the proceedings constitute an abuse of process

Ratio Decidendi

The balance of prejudice favours the claimants; the limitation period should be disapplied to allow the claim to proceed against the defendant for alleged defamatory publications prior to 12 July 2006. There is no significant prejudice to the defendant, and the claim is not so lacking in substance or so clearly an abuse of process as to justify summary judgment or strike out at this stage.

Court Disposition

application granted

Orders

  • Limitation period for libel claim disapplied under s.32A Limitation Act 1980; claimants permitted to proceed against defendant for publications prior to 12 July 2006