Caine v Advertiser And Times Ltd & Ors

Caine v Advertiser And Times Ltd & Ors

Claim 3 is struck out as an abuse of process and barred by cause of action estoppel, being materially identical to Claim 2, which was finally determined and certified as totally without merit. Mr Caine has persistently issued claims/applications totally without merit, justifying an ECRO for two years. Liability for defamation via Facebook 'liking' or hyperlinking is not established under English law or the principles in Magyar Jeti Zrt.

Parties
Claimant: John Caine; Defendant: Advertiser and Times Limited; Defendant: Edward Curry; Defendant: Caroline Woodford
Jurisdiction
England and Wales
Judgment Date
23 August 2019
Procedural Posture
Civil / Judgment on Applications to Strike Out, Stay, and for Extended Civil Restraint Order
Outcome
Claim 3 struck out as abuse of process and totally without merit; Extended Civil Restraint Order granted against Mr Caine for two years.
Legal Topics
Abuse of Process, Res Judicata, Civil Restraint Orders, Defamation Via Hyperlinking, Facebook Liability, Malicious Falsehood
Civil Procedure Defamation Media Law Abuse of Process Res Judicata Civil Restraint Orders Defamation Via Hyperlinking Facebook Liability +1 more

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Parties

John Caine

Claimant

Advertiser and Times Limited

Defendant

Edward Curry

Defendant

Caroline Woodford

Defendant

Procedural Posture

Civil / Judgment on Applications to Strike Out, Stay, and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether Claim 3 is an abuse of process and barred by cause of action estoppel
  2. 2 Whether Claim 3 is totally without merit
  3. 3 Whether an Extended Civil Restraint Order (ECRO) should be made against Mr Caine

Ratio Decidendi

Claim 3 is struck out as an abuse of process and barred by cause of action estoppel, being materially identical to Claim 2, which was finally determined and certified as totally without merit. Mr Caine has persistently issued claims/applications totally without merit, justifying an ECRO for two years. Liability for defamation via Facebook 'liking' or hyperlinking is not established under English law or the principles in Magyar Jeti Zrt.

Court Disposition

Claim 3 struck out as abuse of process and totally without merit; Extended Civil Restraint Order granted against Mr Caine for two years.

Orders

  • Claim 3 struck out under CPR 3.4(2)(b) and CPR 11
  • Claim 3 certified as totally without merit