Hijazi v Yaxley-Lennon (Rev 1)

Hijazi v Yaxley-Lennon (Rev 1)

Permission to amend to add a public interest defence was refused due to failure to properly particularise investigations, confusion between subjective belief and objective truth, lack of chronology, and inadequate explanation for delay. Permission to amend particulars of truth was granted as they expanded on the existing defence and had a real prospect of success.

Parties
Claimant: Jamal Hijazi; Defendant: Stephen Yaxley-Lennon
Jurisdiction
England and Wales
Judgment Date
16 November 2020
Procedural Posture
Civil / Ruling on Application to Amend Defence
Outcome
Application to amend defence to add public interest defence refused; permission to amend particulars of truth granted.
Legal Topics
Libel, Amendment of Pleadings, Public Interest Defence, Truth Defence
Defamation Civil Procedure Libel Amendment of Pleadings Public Interest Defence Truth Defence

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Parties

Jamal Hijazi

Claimant

Stephen Yaxley-Lennon

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Defence

Legal Issues

  1. 1 Whether permission should be granted to amend the defence to add a public interest defence under s.4 Defamation Act 2013
  2. 2 Whether permission should be granted to amend particulars of truth
  3. 3 Whether delay and procedural conduct justify refusal of amendment

Ratio Decidendi

Permission to amend to add a public interest defence was refused due to failure to properly particularise investigations, confusion between subjective belief and objective truth, lack of chronology, and inadequate explanation for delay. Permission to amend particulars of truth was granted as they expanded on the existing defence and had a real prospect of success.

Court Disposition

Application to amend defence to add public interest defence refused; permission to amend particulars of truth granted.

Orders

  • Permission to amend particulars of truth granted.
  • Permission to amend to add public interest defence refused.