The Court of Appeal has allowed an appeal from the High Court and granted the plaintiffs leave to join an internet service provider as a defendant in a defamation case. The original High Court ruling had refused the plaintiffs' application on the grounds that the claim was statute-barred, as the allegedly defamatory video had been posted online more than two years prior to the application to join the provider. The Court of Appeal found that it was arguable the cause of action against the internet service provider did not accrue until after they were notified of the defamatory content and failed to act within a reasonable time, which occurred within the statutory limitation period. Therefore, the plaintiffs' appeal was allowed, and the internet service provider was joined as a defendant to the proceedings.
Court of Appeal, defamation, internet service provider, statute of limitations, Statute of Limitations 1957, Defamation Act 2009, publication, cause of action, joinder of parties, O. 15, r. 4 (RSC), limitation period, notification, reasonable time, appeal allowed, High Court, original decision overturned.