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

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

The claimant's persistent refusal to comply with court orders requiring disclosure of his identity and address is a serious and significant breach that justifies the sanction of striking out the claim. The application for relief from sanctions is not genuine but an improper attempt to circumvent prior orders and is totally without merit.

Citation
[2019] EWHC 3020 (QB)
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 Procedure Defamation Data Protection Relief From Sanctions Anonymity Orders Compliance With Court Orders Libel Malicious Falsehood +2 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 failure to comply with an order requiring disclosure of identity and address
  2. 2 Whether the application for relief from sanctions is totally without merit
  3. 3 Whether the claimant's continued anonymity is compatible with fair trial requirements

Ratio Decidendi

The claimant's persistent refusal to comply with court orders requiring disclosure of his identity and address is a serious and significant breach that justifies the sanction of striking out the claim. The application for relief from sanctions is not genuine but an improper attempt to circumvent prior orders and is totally without merit.

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