Smith v ADVFN Plc & Ors (Rev 1)

Smith v ADVFN Plc & Ors (Rev 1)

All claims are struck out or dismissed as wholly without merit due to lack of evidence of substantial publication, seriousness, or damage, and the existence of strong defences. Mr Smith's conduct constitutes persistent abuse of process, justifying an extended civil restraint order.

Parties
Claimant: Nigel Smith; Defendant: ADVFN Plc and others
Jurisdiction
England and Wales
Judgment Date
13 December 2010
Procedural Posture
Civil / Post Appeal, Show Cause Hearing on Strike Out and Civil Restraint Order
Outcome
Claims struck out or dismissed; extended civil restraint order imposed against Mr Smith.
Legal Topics
Internet Defamation, Abuse of Process, Civil Restraint Orders, Qualified Privilege, Fair Comment, Judicial Immunity
Defamation Civil Procedure Internet Defamation Abuse of Process Civil Restraint Orders Qualified Privilege Fair Comment Judicial Immunity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nigel Smith

Claimant

ADVFN Plc and others

Defendant

Procedural Posture

Civil / Post Appeal, Show Cause Hearing on Strike Out 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 are struck out or dismissed as wholly without merit due to lack of evidence of substantial publication, seriousness, or damage, and the existence of strong defences. Mr Smith's conduct constitutes persistent abuse of process, justifying an extended civil restraint order.

Court Disposition

Claims struck out or dismissed; extended civil restraint order imposed against Mr Smith.

Orders

  • All claims in Schedule A (except HQ07X03107) 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.