Clarke & Anor v Porthcawl Town Council & Anor

Facts

The claimants, Mr and Mrs Clarke, were both councillors of Porthcawl Town Council, the first defendant. The second defendant, Mr Brabham, was in effect appointed town clerk and, the claimants say, caused an audit report to be produced in or around June 2021, which was put before the Council and published in whole or in part on its website. The claimants complained that the report was inaccurate and bore meanings defamatory of them, and that their attempts in October and November 2021 to have the full Council review it were rebuffed by the majority of members; the first claimant suffered a nervous breakdown. Through a direct access barrister they sent a letter of claim on 11 May 2022, revised at length on 17 June 2022 seeking a response by 4 July 2022. The defendants' insurers instructed solicitors, but the file passed between firms and no substantive response came until an email of 13 July 2022 proposing a limitation standstill. Fearing expiry of the one-year period in section 4A of the Limitation Act 1980, the claimants issued a Part 7 libel claim form on 12 July 2022. It was never served, the claimants deciding not to pursue matters. The defendants applied on 11 February 2025 for their costs of and incidental to the proceedings.