ABC v Google LLC [2019] EWHC 3020 (QB) (14 November 2019)

ABC v Google LLC [2019] EWHC 3020 (QB) (14 November 2019)

The application for relief from sanctions was dismissed because the claimant persistently failed to comply with clear court orders requiring disclosure of his identity and address, which is fundamental to fair trial and proper conduct of proceedings. The application was not a genuine attempt at relief but an abuse of process, repeating arguments already rejected by multiple judges. There was no good reason for the default, and all circumstances militated against granting relief.

Citation
[2019] EWHC 3020
Parties
Claimant: ABC; Defendant: Google LLC
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Civil (media and Communications) / Application for Relief From Sanctions After Claim Struck Out
Outcome
Application dismissed as totally without merit; claim remains struck out.
Legal Topics
Relief From Sanctions, Anonymity Orders, Compliance With Court Orders, Libel, Malicious Falsehood, Data Processing, Default Judgment, Civil Restraint Orders
Civil Procedure Defamation Data Protection Relief From Sanctions Anonymity Orders Compliance With Court Orders Libel Malicious Falsehood +3 more

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Parties

ABC

Claimant

Google LLC

Defendant

Procedural Posture

Civil (media and Communications) / Application for Relief From Sanctions After Claim Struck Out

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions following strike out for non-compliance with an order to disclose identity and address
  2. 2 Whether the claimant's application is a genuine application for relief or an abuse of process
  3. 3 Whether the continued anonymity of the claimant is compatible with fair trial requirements

Ratio Decidendi

The application for relief from sanctions was dismissed because the claimant persistently failed to comply with clear court orders requiring disclosure of his identity and address, which is fundamental to fair trial and proper conduct of proceedings. The application was not a genuine attempt at relief but an abuse of process, repeating arguments already rejected by multiple judges. There was no good reason for the default, and all circumstances militated against granting relief.

Court Disposition

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

Orders

  • Application for relief from sanctions dismissed
  • Application certified as totally without merit under CPR 23.12