Giggs v News Group Newspapers Ltd & Anor [2012] EWHC 431 (QB) (02 March 2012)

Giggs v News Group Newspapers Ltd & Anor [2012] EWHC 431 (QB) (02 March 2012)

Relief from sanction under CPR 3.9 was refused because the breaches of the Civil Procedure Rules and court orders by the claimant and NGN were serious and intentional, particularly in relation to the secret agreement to defer service of the defence and failure to notify the court, which interfered with the Article 10 rights of third parties. The claim as pleaded could not result in substantial damages or a meaningful injunction, and the claimant could start fresh proceedings if necessary. There was no purpose to be served by granting relief, and the action would remain struck out.

Citation
[2012] EWHC 431
Parties
Claimant: Ryan Joseph Giggs; First Defendant: News Group Newspapers Ltd; Second Defendant: Imogen Thomas
Jurisdiction
England and Wales
Judgment Date
02 March 2012
Procedural Posture
Civil / Application for Relief From Sanction (striking Out) Under CPR 3.9
Outcome
Application for relief from sanction refused; action remains struck out.
Legal Topics
Relief From Sanctions, Non Disclosure Injunctions, Misuse of Private Information, Breach of Confidence, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Case Management, Anonymity Orders
Civil Procedure Privacy Law Media Law Relief From Sanctions Non Disclosure Injunctions Misuse of Private Information Breach of Confidence Article 8 ECHR (right to Privacy) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ryan Joseph Giggs

Claimant

News Group Newspapers Ltd

First Defendant

Imogen Thomas

Second Defendant

Procedural Posture

Civil / Application for Relief From Sanction (striking Out) Under CPR 3.9

Legal Issues

  1. 1 Whether relief from sanction (striking out) should be granted to the claimant under CPR 3.9
  2. 2 Whether the claim for damages and injunction against NGN should be reinstated
  3. 3 Effect of procedural breaches and delay on the administration of justice

Ratio Decidendi

Relief from sanction under CPR 3.9 was refused because the breaches of the Civil Procedure Rules and court orders by the claimant and NGN were serious and intentional, particularly in relation to the secret agreement to defer service of the defence and failure to notify the court, which interfered with the Article 10 rights of third parties. The claim as pleaded could not result in substantial damages or a meaningful injunction, and the claimant could start fresh proceedings if necessary. There was no purpose to be served by granting relief, and the action would remain struck out.

Court Disposition

Application for relief from sanction refused; action remains struck out.