Desporte v Bull [2021] EWHC 2370 (QB) (25 August 2021)

Desporte v Bull [2021] EWHC 2370 (QB) (25 August 2021)

The Second Libel Claim is bound to fail as it discloses no reasonable grounds, is an abuse of process, and is based on misconceived allegations regarding copyright ownership in the text. Communications to Amazon were truthful, covered by qualified privilege, and not malicious. Applications for recusal and remittance to Dingemans LJ are totally without merit.

Citation
[2021] EWHC 2370
Parties
Defendant (the Privacy Claim), Claimant (the Libel Claim), Claimant/respondent (the Second Libel Claim), Appellant (the Appeal): Donna Desporte; Claimant (the Privacy Claim), Defendant (the Libel Claim), Defendant/applicant (the Second Libel Claim), Respondent (the Appeal): Gareth Bull
Jurisdiction
England and Wales
Judgment Date
25 August 2021
Procedural Posture
Multiple Civil Claims (privacy, Libel, Appeal) / Final Judgment on Strike Out and Related Applications
Outcome
Second Libel Claim struck out; applications for recusal and remittance refused; applications certified as totally without merit.
Legal Topics
Strike Out Applications, Civil Restraint Orders, Recusal, Abuse of Process, Qualified Privilege, Malicious Falsehood
Privacy Defamation Copyright Civil Procedure Strike Out Applications Civil Restraint Orders Recusal Abuse of Process +2 more

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Parties

Donna Desporte

Defendant (the Privacy Claim), Claimant (the Libel Claim), Claimant/respondent (the Second Libel Claim), Appellant (the Appeal)

Gareth Bull

Claimant (the Privacy Claim), Defendant (the Libel Claim), Defendant/applicant (the Second Libel Claim), Respondent (the Appeal)

Procedural Posture

Multiple Civil Claims (privacy, Libel, Appeal) / Final Judgment on Strike Out and Related Applications

Legal Issues

  1. 1 Whether the Second Libel Claim should be struck out for disclosing no reasonable grounds and/or abuse of process
  2. 2 Whether the judge should recuse himself from the Appeal
  3. 3 Whether the Appeal should be remitted to Dingemans LJ

Ratio Decidendi

The Second Libel Claim is bound to fail as it discloses no reasonable grounds, is an abuse of process, and is based on misconceived allegations regarding copyright ownership in the text. Communications to Amazon were truthful, covered by qualified privilege, and not malicious. Applications for recusal and remittance to Dingemans LJ are totally without merit.

Court Disposition

Second Libel Claim struck out; applications for recusal and remittance refused; applications certified as totally without merit.

Orders

  • Second Libel Claim struck out under CPR r 3.4(2)(a) and (b)
  • Applications for recusal and remittance to Dingemans LJ refused and certified as totally without merit