ABC v Google LLC

The application for relief from sanctions was dismissed because it was not genuine, repeated arguments previously rejected, and the claimant persistently failed to comply with clear court orders requiring disclosure of his identity, which is fundamental for fair trial and proper conduct of proceedings.

Parties: Claimant: ABC; Defendant: Google LLC
Jurisdiction: England and Wales
Judgment Date: 14 November 2019
Procedural Posture: Civil / Application for Relief From Sanctions After Claim Struck Out
Outcome: Application dismissed and certified as totally without merit; claim remains struck out.
Legal Topics: Anonymity Orders, Relief From Sanctions, Striking Out, Fair Trial Rights, Compliance With Court Orders

Defamation Data Protection Civil Procedure Anonymity Orders Relief From Sanctions Striking Out Fair Trial Rights Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

ABC

Claimant

Google LLC

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions After Claim Struck Out

Legal Issues

1 Whether the claimant should be granted relief from sanctions imposed for failure to comply with anonymity order
2 Whether the application for relief from sanctions is genuine or an abuse of process
3 Whether the claim can proceed without disclosure of claimant's identity

Ratio Decidendi

Court Disposition

Application dismissed and certified as totally without merit; claim remains struck out.

Orders

Any further application to set aside or vary the order for dismissal to be heard by the same judge if possible.
Claim remains struck out.