Nigel Smith v M [2008] EWHC 1250 (QB) (12 May 2008)

Nigel Smith v M [2008] EWHC 1250 (QB) (12 May 2008)

The stay on all proceedings will remain in effect until all relevant defendants or potential defendants are notified and given an opportunity to be heard, either orally or in writing. The court will not lift the stay or allow the applicant's strategy of pursuing multiple individual claims without hearing from those affected. The application is adjourned for this purpose, and all other questions, including costs, are reserved.

Citation
[2008] EWHC 1250
Parties
Applicant/claimant: Nigel Smith; Respondent/defendant: M
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Application in Ongoing Libel Proceedings / Interlocutory Application to Lift Stay and for Case Management Directions
Outcome
Application adjourned; stay on proceedings maintained; directions for notification of defendants and further hearing.
Legal Topics
Libel, Internet Publications, Case Management, Civil Restraint Orders, Norwich Pharmacal Relief
Defamation Civil Procedure Libel Internet Publications Case Management Civil Restraint Orders Norwich Pharmacal Relief

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Parties

Nigel Smith

Applicant/claimant

M

Respondent/defendant

Procedural Posture

Application in Ongoing Libel Proceedings / Interlocutory Application to Lift Stay and for Case Management Directions

Legal Issues

  1. 1 Whether to lift the stay on multiple libel proceedings issued by the applicant
  2. 2 Whether the applicant's strategy of issuing multiple separate libel claims is appropriate
  3. 3 Whether defendants should be given an opportunity to be heard before the stay is lifted

Ratio Decidendi

The stay on all proceedings will remain in effect until all relevant defendants or potential defendants are notified and given an opportunity to be heard, either orally or in writing. The court will not lift the stay or allow the applicant's strategy of pursuing multiple individual claims without hearing from those affected. The application is adjourned for this purpose, and all other questions, including costs, are reserved.

Court Disposition

Application adjourned; stay on proceedings maintained; directions for notification of defendants and further hearing.

Orders

  • Master's stay order to remain in effect for all litigation.
  • Applicant to notify all relevant defendants or potential defendants and give them an opportunity to be heard.