Cases

Reuben & Others v Time Inc & Another (No.2)

Held

(1) Applying an objective test, Time had not established a place of business in London and so neither claim form had been validly served on 4 October 2001. The second action had therefore lapsed and the first would be limited to publication in England and Wales. (2) As the claim was limited to publication within England and Wales, this was the appropriate forum and a London trial would not inconvenience the Defendants. (3) As the proposed amendment related to previous publication of the same article, the torts it related to arose out of the same or substantially the same facts so that s.35(5)(a) of the Limitation Act 1980 was satisified and the court would exercise its discretion in the Claimants' favour and allow the amendment.

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