Caine v Advertiser And Times Ltd & Ors [2019] EWHC 2278 (QB) (23 August 2019)

Caine v Advertiser And Times Ltd & Ors [2019] EWHC 2278 (QB) (23 August 2019)

The claims are struck out and/or stayed as abusive attempts to re-litigate matters already determined and certified as totally without merit. The act of 'liking' or hyperlinking to a Facebook page does not, without more, amount to publication or endorsement of defamatory content for the purposes of defamation law....

Source-derived case information.

Citation
[2019] EWHC 2278
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 Defamation/libel / Application to Strike Out, Stay Proceedings, and for Extended Civil Restraint Order
Outcome
Claims struck out and/or stayed as totally without merit; Extended Civil Restraint Order granted against claimant; costs awarded to defendants.
Legal Topics
Libel, Malicious Falsehood, Abuse of Process, Civil Restraint Orders, Jurisdiction, Facebook/online Publication, Hyperlinking Liability
Defamation Civil Procedure Libel Malicious Falsehood Abuse of Process Civil Restraint Orders Jurisdiction Facebook/online Publication +1 more

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Parties

John Caine

Claimant

Advertiser and Times Limited

Defendant

Edward Curry

Defendant

Caroline Woodford

Defendant

Procedural Posture

Civil Defamation/libel / Application to Strike Out, Stay Proceedings, and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the defendants are liable for defamatory content on a Facebook page by virtue of 'liking' or hyperlinking to it
  2. 2 Whether the claims are an abuse of process as attempts to re-litigate matters already determined and found totally without merit
  3. 3 Whether an Extended Civil Restraint Order (ECRO) should be granted against the claimant

Ratio Decidendi

The claims are struck out and/or stayed as abusive attempts to re-litigate matters already determined and certified as totally without merit. The act of 'liking' or hyperlinking to a Facebook page does not, without more, amount to publication or endorsement of defamatory content for the purposes of defamation law. The claimant's repeated pursuit of such claims justifies the making of an Extended Civil Restraint Order.

Court Disposition

Claims struck out and/or stayed as totally without merit; Extended Civil Restraint Order granted against claimant; costs awarded to defendants.

Orders

  • Claim 3 struck out as totally without merit
  • Claims 1 and 2 subject to ECRO