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 remains in effect to allow all relevant defendants or potential defendants an opportunity to be heard, either orally or in writing, before any further directions are given. The applicant's strategy of pursuing multiple individual claims is inappropriate without considering the totality of the publications and the rights of defendants to raise substantive arguments. The court will not lift the stay or make further orders until all parties have had notice and an opportunity to respond.

Citation
[2008] EWHC 1250 (QB)
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 for Lifting of Stay and Case Management Directions
Outcome
Application adjourned; stay on proceedings maintained; directions for notification to defendants; costs reserved.
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 for Lifting of Stay and Case Management Directions

Legal Issues

  1. 1 Whether the stay on multiple libel proceedings should be lifted
  2. 2 Whether the applicant's strategy constitutes an abuse of process
  3. 3 Whether individual claims are properly pleaded as defamation or amount to mere vulgar abuse

Ratio Decidendi

The stay on all proceedings remains in effect to allow all relevant defendants or potential defendants an opportunity to be heard, either orally or in writing, before any further directions are given. The applicant's strategy of pursuing multiple individual claims is inappropriate without considering the totality of the publications and the rights of defendants to raise substantive arguments. The court will not lift the stay or make further orders until all parties have had notice and an opportunity to respond.

Court Disposition

Application adjourned; stay on proceedings maintained; directions for notification to defendants; costs reserved.

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, either orally or in writing.