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)

Mr Caine has persistently issued totally without merit claims and applications, both before and during the currency of ECROs, which have proved insufficient to restrain his conduct. The evidence overwhelmingly supports the need for a GCRO of maximum duration to protect the court's process and parties from further vexatious litigation. The requirements for a GCRO are amply met and nothing less would be effective.

Citation
[2021] EWHC 2264 (QB)
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 (applications for Civil Restraint Orders) / Judgment on Applications for General Civil Restraint Order (gcro) and Extensions of Extended Civil Restraint Orders (ecros)
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, Abuse of Process, Costs Orders
Civil Procedure Media Law Civil Restraint Orders Vexatious Litigation Abuse of Process Costs Orders

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 (applications for Civil Restraint Orders) / Judgment on Applications for General Civil Restraint Order (gcro) and Extensions of Extended Civil Restraint Orders (ecros)

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

Mr Caine has persistently issued totally without merit claims and applications, both before and during the currency of ECROs, which have proved insufficient to restrain his conduct. The evidence overwhelmingly supports the need for a GCRO of maximum duration to protect the court's process and parties from further vexatious litigation. The requirements for a GCRO are amply met and nothing less would be effective.

Court Disposition

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

Orders

  • GCRO made against Mr Caine for two years in the High Court and County Court.
  • Facebook proceedings transferred to the High Court.