Smith v ADVFN Plc & Ors

Smith v ADVFN Plc & Ors

The judge found that the claims against individual defendants had no realistic prospect of success and it was appropriate to keep the stays in place, but granted permission to appeal in certain cases where arguable merit remained and in relation to the order staying all future claims.

Parties
Appellant: Nigel Smith; Respondent: ADVFN Plc and Others
Jurisdiction
England and Wales
Judgment Date
30 July 2009
Procedural Posture
Civil Appeal / Permission to Appeal From High Court Order
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Libel, Civil Restraint Orders, Stay of Proceedings, Costs, Abuse of Process
Defamation Civil Procedure Libel Civil Restraint Orders Stay of Proceedings Costs Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Nigel Smith

Appellant

ADVFN Plc and Others

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the stays imposed on the appellant's claims should be set aside or varied
  2. 2 Whether the claims against individual defendants had any realistic prospect of success
  3. 3 Whether the order staying all future claims was appropriate

Ratio Decidendi

The judge found that the claims against individual defendants had no realistic prospect of success and it was appropriate to keep the stays in place, but granted permission to appeal in certain cases where arguable merit remained and in relation to the order staying all future claims.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal granted in the cases of Macdonald HQ07X02620, Byrne HQ07X03106, Tuppen HQ08X00135, Collins HQ08X01190, O’Brien HQ08X01192, McIntyre HQ08X01193, George Smith HQ08X01262 and Gourlay HQ08X01584.
  • Permission to appeal granted regarding the order staying all future claims.