Stamp v Open Democracy [2024] EWHC 1574 (KB) (21 June 2024)

Stamp v Open Democracy [2024] EWHC 1574 (KB) (21 June 2024)

The claim was struck out because it was prolix, incoherent, failed to comply with procedural requirements for defamation claims, was abusive, and there was no realistic prospect that the claimant would cure the defects if given further time.

Citation
[2024] EWHC 1574 (KB)
Parties
Claimant: Iain Clifford Stamp; Defendant: Open Democracy
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Defamation Claim / Defendant's Application for Strike Out Under CPR 3.4(2)
Outcome
Claim struck out as totally without merit; proceedings transferred to a High Court Judge to consider an extended civil restraint order.
Legal Topics
Strike Out Applications, Abuse of Process, Pleading Requirements, Civil Restraint Orders
Defamation Civil Procedure Strike Out Applications Abuse of Process Pleading Requirements Civil Restraint Orders

Case Brief

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Parties

Iain Clifford Stamp

Claimant

Open Democracy

Defendant

Procedural Posture

Defamation Claim / Defendant's Application for Strike Out Under CPR 3.4(2)

Legal Issues

  1. 1 Whether the claim discloses reasonable grounds for bringing the claim
  2. 2 Whether the claim is an abuse of process or likely to obstruct the just disposal of proceedings
  3. 3 Whether the pleadings comply with CPR and Practice Direction 53B for defamation claims

Ratio Decidendi

The claim was struck out because it was prolix, incoherent, failed to comply with procedural requirements for defamation claims, was abusive, and there was no realistic prospect that the claimant would cure the defects if given further time.

Court Disposition

Claim struck out as totally without merit; proceedings transferred to a High Court Judge to consider an extended civil restraint order.

Orders

  • Claim struck out in its entirety under CPR 3.4(2)
  • Claim certified as totally without merit under CPR 3.4(6)