Court of Appeal
Published May 22, 2007
Edwards v Golding and Others

In defamation cases a cause of action accrued for limitation purposes even if the claimant was unaware of the identity of the relevant author.

The Court of Appeal (Lord Justice Buxton, Lord Justice Wilson and Lord Justice Moses) so held, inter alia, on April 3, 2007, when dismissing the appeal of the claimant, Stephen Edwards, from a decision of Mr Justice Tugendhat, in the Queen’s Bench Division on July 12, 2006, granting the application of the third defendant, Nicholas Griffin, to set aside the order of Master Eyre of September 1, 2005, joining him as a defendant to defamation proceedings, and later entering a default judgment against him.

On appeal, the claimant contended that the judge erred in ruling that a cause of action had accrued on publication even though the claimant had not known the relevant author’s identity until after expiry of the one-year limitation period.

LORD JUSTICE BUXTON said that two questions should be distinguished: (i) when did the cause of action accrue; and (ii) if such date fell outside the statutory period, ought the court none the less to apply the discretion to extend time as granted by section 32A of the Limitation Act 1980, as inserted by section 57 of the Administration of Justice Act 1985?

The cause of action accrued on publication whether the identity of the tortfeasor was known or not. Where the identity subsequently became known an application to extend time might be appropriate.

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