Bennett v Newsquest (London) Ltd

Bennett v Newsquest (London) Ltd

Permission to appeal is granted because there is an arguable point with a real prospect of success that the proceedings before Eady J were not fair due to the late provision of material to the litigant in person.

Parties
Claimant/appellant: Arthur Bennett; Defendant/respondent: Newsquest (London) Limited (sued as Croydon Guardian)
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Summary Judgment, Limitation Period, Fair Hearing, Litigant in Person, Strike Out Application
Civil Procedure Defamation Summary Judgment Limitation Period Fair Hearing Litigant in Person Strike Out Application

Case Brief

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Parties

Arthur Bennett

Claimant/appellant

Newsquest (London) Limited (sued as Croydon Guardian)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the proceedings before Eady J were fair given the late service of material on the litigant in person
  2. 2 Whether the claimant should be granted permission to appeal against summary judgment and refusal to extend limitation period

Ratio Decidendi

Permission to appeal is granted because there is an arguable point with a real prospect of success that the proceedings before Eady J were not fair due to the late provision of material to the litigant in person.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted
  • Case to be listed for two and-a-half hours before three judges, one with expertise in defamation law