Nigel Smith v M

Nigel Smith v M

The stay imposed by the Senior Master will remain in effect pending notification to all relevant defendants and an opportunity for them to be heard, as basic fairness requires their participation before any further directions are given.

Parties
Applicant/claimant: Nigel Smith; Respondent/defendant: M
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Civil / Interlocutory Application; Adjournment of Stay Order
Outcome
Application adjourned; stay order remains in effect; 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

Civil / Interlocutory Application; Adjournment of Stay Order

Legal Issues

  1. 1 Whether to lift the stay imposed on multiple libel proceedings
  2. 2 Appropriateness of 'divide and rule' strategy in libel claims
  3. 3 Entitlement of defendants to be heard

Ratio Decidendi

The stay imposed by the Senior Master will remain in effect pending notification to all relevant defendants and an opportunity for them to be heard, as basic fairness requires their participation before any further directions are given.

Court Disposition

Application adjourned; stay order remains in effect; costs reserved.

Orders

  • Applicant to notify all relevant defendants and give them opportunity to be heard.
  • Defendant 'Wing Pierce' to be provided with a copy of the claim.