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 of Mr Smith's claims, except one, were wholly without merit as they failed to establish publication, seriousness, or damage, and were subject to strong defences. The volume and nature of the claims constituted an abuse of process, justifying their striking out and the imposition of an extended civil restraint order.

Citation
[2010] EWHC 3255 (QB)
Parties
Claimant: Nigel Smith; Defendant: ADVFN Plc and others
Jurisdiction
England and Wales
Judgment Date
13 December 2010
Procedural Posture
Defamation Actions and Related Applications / 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 made against Mr Smith.
Legal Topics
Abuse of Process, Civil Restraint Orders, Internet Publication, Qualified Privilege, Fair Comment, Judicial Immunity
Defamation Civil Procedure Abuse of Process Civil Restraint Orders Internet Publication Qualified Privilege Fair Comment Judicial Immunity

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Parties

Nigel Smith

Claimant

ADVFN Plc and others

Defendant

Procedural Posture

Defamation Actions and Related Applications / 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 of Mr Smith's claims, except one, were wholly without merit as they failed to establish publication, seriousness, or damage, and were subject to strong defences. The volume and nature of the claims constituted an abuse of process, justifying their striking out and the imposition of an extended civil restraint order.

Court Disposition

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

Orders

  • All remaining claims by Mr Smith struck out or dismissed for lack of merit.
  • Extended civil restraint order imposed on Mr Smith under Practice Direction 3C para 3.1.