Defamation—judgment on various interlocutory applications (Hemming v Poulton)

Table of contents

• What are the practical implications of this case?
• What was the background?
• Factual background
• The applications
• What did the court decide?
• The First Application
• The Second Application
• The Third Application
• The Fourth Application
• The Fifth and Sixth Applications

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Article summary

TMT analysis: Mrs Justice Hill delivered judgment on various interlocutory applications in a complex set of defamation, data protection and harassment claims. The claimant's application to bring in defamation claims relating to publications published outside the one-year limitation period was refused, but other aspects of his amendment application were successful. The defendant was also permitted to amend her defence but was refused permission to withdraw an admission. The judgment provides a helpful summary of the relevant principles for a variety of procedural issues, including amendments to statements of case, withdrawal of admissions, limitation, and abuse of process in the context of collateral proceedings. Written by Neil O'Sullivan and James Sharpley, Osborne Clarke LLP.