Caine v Facebook Ireland Ltd & Ors [2021] EWHC 2264 (QB) (06 August 2021)

Caine v Facebook Ireland Ltd & Ors [2021] EWHC 2264 (QB) (06 August 2021)

The evidence overwhelmingly demonstrates that Mr Caine has persistently issued totally without merit claims and applications, both before and during the currency of ECROs, and that ECROs have proved insufficient to prevent further abuse. The statutory and case law thresholds for a GCRO are met. A two-year GCRO is necessary and proportionate to protect the court's process and the parties from further vexatious litigation by Mr Caine.

Citation
[2021] EWHC 2264
Parties
Claimant / Respondent: John Caine; Defendant / Applicant: Facebook Ireland Limited; Defendant / Applicant: Advertiser and Times Limited; Defendant / Applicant: Edward Curry; Defendant / Applicant: Caroline Woodford
Jurisdiction
England and Wales
Judgment Date
06 August 2021
Procedural Posture
Civil Restraint Order Applications (including GCRO and ECRO Extensions) / Judgment on Applications for GCRO and ECRO Extensions
Outcome
General Civil Restraint Order (GCRO) made against Mr Caine for two years; application for permission to appeal refused.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, General Civil Restraint Order (gcro), Extended Civil Restraint Order (ecro), Abuse of Process
Civil Procedure Media Law Civil Restraint Orders Vexatious Litigation General Civil Restraint Order (gcro) Extended Civil Restraint Order (ecro) Abuse of Process

Case Brief

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Parties

John Caine

Claimant / Respondent

Facebook Ireland Limited

Defendant / Applicant

Advertiser and Times Limited

Defendant / Applicant

Edward Curry

Defendant / Applicant

Caroline Woodford

Defendant / Applicant

Procedural Posture

Civil Restraint Order Applications (including GCRO and ECRO Extensions) / Judgment on Applications for GCRO and ECRO Extensions

Legal Issues

  1. 1 Whether a General Civil Restraint Order (GCRO) should be made against Mr Caine
  2. 2 Whether existing Extended Civil Restraint Orders (ECROs) should be extended
  3. 3 Whether Mr Caine's litigation conduct meets the threshold for a GCRO

Ratio Decidendi

The evidence overwhelmingly demonstrates that Mr Caine has persistently issued totally without merit claims and applications, both before and during the currency of ECROs, and that ECROs have proved insufficient to prevent further abuse. The statutory and case law thresholds for a GCRO are met. A two-year GCRO is necessary and proportionate to protect the court's process and the parties from further vexatious litigation by Mr Caine.

Court Disposition

General Civil Restraint Order (GCRO) made against Mr Caine for two years; application for permission to appeal refused.

Orders

  • Transfer of Facebook proceedings to the High Court
  • Two-year GCRO made against Mr Caine