Schellenberg v The British Broadcasting Corporation (BBC) [1999] EWHC 851 (QB) (22 June 1999)

Schellenberg v The British Broadcasting Corporation (BBC) [1999] EWHC 851 (QB) (22 June 1999)

The action is struck out because, in light of the previous litigation and settlement of substantially similar allegations, the pursuit of the present action constitutes an abuse of process and has no realistic prospect of yielding any tangible or legitimate advantage. The issues regarding the Carrs could and should have been resolved in the earlier proceedings, and public policy requires that litigation not be conducted piecemeal. Even if the issues were narrowed, the action would not justify the expenditure of court resources or the parties' costs.

Citation
[1999] EWHC 851
Parties
Claimant: Mr Keith Schellenberg; Defendant: BBC
Jurisdiction
England and Wales
Judgment Date
22 June 1999
Procedural Posture
Libel Proceedings / Pre Trial Applications for Strike Out and Case Management
Outcome
Action struck out and dismissed as an abuse of process and for lacking a real prospect of success.
Legal Topics
Abuse of Process, Justification in Defamation, Fair Comment, Case Management Under CPR, Res Judicata, Issue Estoppel
Defamation Civil Procedure Abuse of Process Justification in Defamation Fair Comment Case Management Under CPR Res Judicata Issue Estoppel

Case Brief

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Parties

Mr Keith Schellenberg

Claimant

BBC

Defendant

Procedural Posture

Libel Proceedings / Pre Trial Applications for Strike Out and Case Management

Legal Issues

  1. 1 Whether the libel action against the BBC should be struck out as an abuse of process or for lacking a real prospect of success
  2. 2 Whether the issues and evidence in the trial should be confined to the specific allegation regarding the Carrs
  3. 3 Whether the BBC's plea of justification and fair comment should be limited or struck out

Ratio Decidendi

The action is struck out because, in light of the previous litigation and settlement of substantially similar allegations, the pursuit of the present action constitutes an abuse of process and has no realistic prospect of yielding any tangible or legitimate advantage. The issues regarding the Carrs could and should have been resolved in the earlier proceedings, and public policy requires that litigation not be conducted piecemeal. Even if the issues were narrowed, the action would not justify the expenditure of court resources or the parties' costs.

Court Disposition

Action struck out and dismissed as an abuse of process and for lacking a real prospect of success.

Orders

  • Pleading struck out
  • Action dismissed