High Court Disapplies Limitation Period And Considers Serious Harm In Slander Claim

• Published date: 28 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Libel & Defamation
• Law Firm: Wiggin
• Author: Mr Julian Darrall

These slander proceedings involved two leading exponents of Irish dance, Jamie Hodges and Christopher Naish, who had worked together for years as friends and colleagues in a business known as Fusion Fighters. The business involved both performing shows and teaching students at workshops all over the world. Their business relationship and friendship broke down in early 2019. Mr Hodges issued proceedings against Mr Naish for slanders allegedly spoken by Mr Naish to three individuals between February and April 2019 in relation to sexual misconduct on the part of Mr Hodges.

Having heard evidence as to the exact words alleged to have been spoken, His Honour Judge Richard Parkes QC, sitting as a Judge of the High Court, found that Mr Naish had spoken the following words:

1. "Jamie has been grooming young girls on social media so he can stay friendly with them and meet up with them for sex when they reach the age of consent ... Several dance teachers have told me that parents have complained that his behaviour has been inappropriate ... He has STDs and has been sleeping with hundreds of girls. I shall probably have to tell them", in a conversation during a car journey in March 2019 with Conor Kennedy and John McCullough, both freelance Irish dance teachers; and
2. "Jamie has been grooming kids through social media, so you know who you are getting involved with. Elaine Walker has complained about the Fusion Fighters workshop because Jamie has been closely involved with three girls from the camp. I received a statement that he had been inappropriate with some of her dancers", in a telephone call to Kevin Goble, another freelance Irish dance teacher, in April 2019.

The publication to Mr Goble was not pleaded originally. Section 4A of the Limitation Act 1980 provides that no action for defamation or malicious falsehood shall be brought after the expiration of one year from the date on which the cause of action accrued. The cause of action therefore expired in April 2020. Mr Hodges applied to the court to disapply s 4A in accordance with its power under s 32A of the 1980 Act.

Section 32A provides that if it appears equitable to the court to allow an action to proceed, considering the degree to which the operation of s 4A might prejudice the claimant and the defendant, the court can disapply s 4A. The court must consider: (i) the length of and reasons for the claimant's delay; and (ii) where a reason for the delay is that the relevant facts were not known to the claimant...