Smith v ADVFN Plc & Ors (Rev 1) [2010] EWHC 3255 (QB) (13 December 2010)

Smith v ADVFN Plc & Ors (Rev 1) [2010] EWHC 3255 (QB) (13 December 2010)

All claims were struck out or found to be wholly without merit due to lack of evidence of publication, seriousness, or damage, and the persistent issuance of such claims justified the imposition of an extended civil restraint order against Mr Smith.

Citation
[2010] EWHC 3255
Parties
Claimant: Nigel Smith; Defendant: ADVFN Plc and others
Jurisdiction
England and Wales
Judgment Date
13 December 2010
Procedural Posture
Defamation and Related Civil Claims / Post Appeal, Show Cause Hearing on Striking Out Claims and Civil Restraint Order
Outcome
All claims struck out or dismissed as wholly without merit; extended civil restraint order imposed against Mr Smith.
Legal Topics
Abuse of Process, Civil Restraint Orders, Internet Defamation, Qualified Privilege, Fair Comment, Judicial Immunity
Defamation Civil Procedure Abuse of Process Civil Restraint Orders Internet Defamation Qualified Privilege Fair Comment Judicial Immunity

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Parties

Nigel Smith

Claimant

ADVFN Plc and others

Defendant

Procedural Posture

Defamation and Related Civil Claims / Post Appeal, Show Cause Hearing on Striking Out Claims and Civil Restraint Order

Legal Issues

  1. 1 Whether the claims brought by Mr Smith should be struck out or be the subject of summary judgment for lack of merit
  2. 2 Whether Mr Smith should be made subject to a civil restraint order for persistently issuing meritless claims

Ratio Decidendi

All claims were struck out or found to be wholly without merit due to lack of evidence of publication, seriousness, or damage, and the persistent issuance of such claims justified the imposition of an extended civil restraint order against Mr Smith.

Court Disposition

All claims struck out or dismissed as wholly without merit; extended civil restraint order imposed against Mr Smith.

Orders

  • All remaining claims by Mr Smith are struck out or dismissed as wholly without merit.
  • Mr Smith is made subject to an extended civil restraint order under Practice Direction 3C para 3.1.