Cases

Wilkey & Another v BBC

Comment

It would have been logical for the Court to rule that the cut-off point should be post-Godwin rather than post-Anderton, since it was the former decision which should have alerted claimants to the fact that the deemed service provisions in the CPR were irrebuttable. But the Court recognised that these provisions represented a "new culture" which had taken time to "become bedded down". So the Court retrospectively granted claimants in category 2 cases a further period of grace in which they could continue not to comply fully with the CPR service provisions - a period of grace which they decided should be treated as ending on the date of the Anderton decision. This was apparently on the basis that Anderton was the last of a trilogy of Court of Appeal cases in which the impact of the new CPR regime in this area of procedure had been fully teased out.

Areas of work

Defamation
Media Law

Also