Cases

Brinn & Jarvis v Russell Jones & Walker (a firm)

Facts

The Claimants, police officers, brought proceedings against the Defendants, their former solicitors. In the original action they complained that they had been libelled in an article published in The Oldie magazine in June 1999. The Defendants issued a Claim Form in respect of the Claimants' claim but failed to effect proper service before it expired. The Oldie repeated the allegations against the Claimants in December 1999 and the Claimants were able successfully to issue and serve proceedings in relation to that second publication. After negotiation, The Oldie settled paying damages and costs of £10,000, publishing an unqualified apology for the June 1999 and December 1999 articles and making a statement in open court. The financial element took account of the fact that the publishing company of The Oldie was in financial difficulties. The Defendants admitted negligence in failing to serve the claim form but denied negligence in relation to alleged failures to join additional parties.

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