The claimants sought disclosure of material which would lead to the identification of people who had made postings to a forum on the internet.
Held: The court had aready imposed a stay on the issuing of further proceedings, yet the claimant had continued to issue letters threatening action. The claimant would need to explain himself. The court noted also that civil restraint proceedings were being considered.
The claimant had issued many separate sets of proceedings, claiming defamation in internet bulletin boards.
Held: It was wrong to pursue related actions in separate proceedings.
Citations:
[2008] EWHC 1250 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
See Also – Smith v ADVFN Plc QBD 13-Mar-2008
Order re case management application. The claimant said he had been defamed on an internet forum run by the defendants, and sought orders for disclosure of the identities of the posters to the website. The operator said that special software might . .
Cited by:
Cited – Smith v ADVFN Plc and others QBD 25-Jul-2008
The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 June 2022; Ref: scu.271109