Cases

Gentoo Group Ltd (formerly Sunderland Housing Co Ltd) v Hanratty

Facts

In 2006 Norwich Pharmacal applications were made against various persons including D to identify those responsible for the publication via a website and chat forum of material alleged to be defamatory of the Cs. Publication took place between summer 2004 and summer 2006. The application against D was withdrawn upon his denial of any involvement or knowledge of who was involved. In June 2007, the results of another Norwich Pharmacal order led Cs to believe that D had in fact been involved. On 12 July 2007 Cs issued libel proceedings against D. The last postings on the website took place on 12 July 2006. Any postings on the website prior to this date for which Cs wished to hold D responsible were prima facie time-barred. In order to proceed against D in respect of these earlier publications, Cs needed to obtain an order under s.32A Limitation Act 1980 disapplying the 1-year limitation period. D cross-applied to strike out the claim as an abuse of process.

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