“…ly practice of trying serious harm as a preliminary issue fell into disfavour after it was deprecated by the Court of Appeal in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334, [2018] QB 594. In principle, a defendant can seek “reverse” summary judgment on the issue of serious harm pursuant to CPR Part 24 but such applications risk w…”
“…nt to prove this aspect of his case. The Grounds of Appeal, including this one, were settled before the judgment of the Court of Appeal in Lachaux v. AOL & Ors [2017] EWCA Civ. 1334; [2018] 2 WLR 387, This decision is currently under appeal to the Supreme Court. was handed down. This was an appeal from a decision of Warby J, where appellat…”