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 was refused because the breaches of the Civil Procedure Rules and court orders by Mr Giggs and NGN were serious and intentional, particularly in relation to the extension of time for service of defences and failure to notify the court, which interfered with the Article 10 rights of third parties. The claim as pleaded disclosed no substantial cause of action for damages or injunction against NGN, and there was no purpose to be served by reinstating the action. Mr Giggs could start fresh proceedings if so advised. The action remains struck out.

Citation
[2012] EWHC 431 (QB)
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 Privacy/misuse of Private Information / 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, Misuse of Private Information, Breach of Confidence, Interim Injunctions, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Anonymity Orders, Case Management, Open Justice
Civil Procedure Privacy Law Media Law Human Rights Relief From Sanctions Misuse of Private Information Breach of Confidence Interim Injunctions +5 more

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Parties

Ryan Joseph Giggs

Claimant

News Group Newspapers Ltd

First Defendant

Imogen Thomas

Second Defendant

Procedural Posture

Civil Privacy/misuse of Private Information / Application for Relief From Sanction (striking Out) Under CPR 3.9

Legal Issues

  1. 1 Whether relief from sanction (striking out) should be granted under CPR 3.9 to reinstate the claim
  2. 2 Whether the conduct of the parties justified refusal of relief
  3. 3 Whether the claim as pleaded disclosed a viable cause of action for damages or injunction against NGN

Ratio Decidendi

Relief from sanction was refused because the breaches of the Civil Procedure Rules and court orders by Mr Giggs and NGN were serious and intentional, particularly in relation to the extension of time for service of defences and failure to notify the court, which interfered with the Article 10 rights of third parties. The claim as pleaded disclosed no substantial cause of action for damages or injunction against NGN, and there was no purpose to be served by reinstating the action. Mr Giggs could start fresh proceedings if so advised. The action remains struck out.

Court Disposition

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

Orders

  • Claim for relief from sanction under CPR 3.9 refused.
  • Action remains struck out as of 18 November 2011.