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 as an abuse of process and for having no real prospect of success. The claimant is not entitled to relitigate issues that were or could have been resolved in previous proceedings, especially where the same subject matter was compromised and the present claim represents an attempt at damage limitation rather than a pursuit of legitimate advantage. The public policy against piecemeal litigation and the overriding objective of the CPR require that the action be dismissed.

Citation
[1999] EWHC 851 (QB)
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 having no real prospect of success.
Legal Topics
Abuse of Process, Justification in Defamation, Fair Comment, Res Judicata, Case Management Under CPR, Striking Out Pleadings
Defamation Civil Procedure Abuse of Process Justification in Defamation Fair Comment Res Judicata Case Management Under CPR Striking Out Pleadings

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 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

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 having no real prospect of success
  2. 2 Whether the issues and evidence in the trial should be confined to the treatment of 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 as an abuse of process and for having no real prospect of success. The claimant is not entitled to relitigate issues that were or could have been resolved in previous proceedings, especially where the same subject matter was compromised and the present claim represents an attempt at damage limitation rather than a pursuit of legitimate advantage. The public policy against piecemeal litigation and the overriding objective of the CPR require that the action be dismissed.

Court Disposition

Action struck out and dismissed as an abuse of process and for having no real prospect of success.

Orders

  • Pleading struck out
  • Action dismissed