Smith v Unknown Defendant, Pseudonym 'Likeicare' & Ors [2016] EWHC 1775 (QB) (15 July 2016)

Smith v Unknown Defendant, Pseudonym 'Likeicare' & Ors [2016] EWHC 1775 (QB) (15 July 2016)

Default and summary judgment granted as Defendants were properly served, failed to respond, and the defamatory statements caused serious reputational harm; injunctive relief and damages awarded as appropriate vindication.

Citation
[2016] EWHC 1775 (QB)
Parties
Claimant: Samuel Collingwood Smith; 1st Defendant: Unknown Defendant, pseudonym 'LikeICare'; 2nd Defendant: Unknown Defendant, pseudonym 'KiwiDynastia'; 3rd Defendant: Unknown Defendants, operators of website Encyclopediadramatica.se
Jurisdiction
England and Wales
Judgment Date
15 July 2016
Procedural Posture
Defamation / Application for Default and Summary Judgment
Outcome
Default and summary judgment granted for Claimant against Second Defendant; claim against First and Third Defendants stayed.
Legal Topics
Defamation Against Persons Unknown, Summary Judgment, Injunctive Relief, Freedom of Expression
Defamation Civil Procedure Human Rights Defamation Against Persons Unknown Summary Judgment Injunctive Relief Freedom of Expression

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Parties

Samuel Collingwood Smith

Claimant

Unknown Defendant, pseudonym 'LikeICare'

1st Defendant

Unknown Defendant, pseudonym 'KiwiDynastia'

2nd Defendant

Unknown Defendants, operators of website Encyclopediadramatica.se

3rd Defendant

Procedural Posture

Defamation / Application for Default and Summary Judgment

Legal Issues

  1. 1 Whether relief can be granted against persons unknown
  2. 2 Whether defamatory statements caused serious harm
  3. 3 Appropriateness of summary judgment and injunctive relief

Ratio Decidendi

Default and summary judgment granted as Defendants were properly served, failed to respond, and the defamatory statements caused serious reputational harm; injunctive relief and damages awarded as appropriate vindication.

Court Disposition

Default and summary judgment granted for Claimant against Second Defendant; claim against First and Third Defendants stayed.

Orders

  • Damages of £10,000 awarded to Claimant against Second Defendant, subject to liberty to apply for variation within 14 days.
  • Permanent injunction restraining Second Defendant from repeating or publishing similar allegations.