Stone & Anor v Flynet Pictures UK Ltd [2017] EWHC B3 (Costs) (02 February 2017)

Stone & Anor v Flynet Pictures UK Ltd [2017] EWHC B3 (Costs) (02 February 2017)

The acts complained of were carried out by the Second Defendant in its capacity as a picture agency, not as a publisher of a website containing news or information about or comment on current affairs. The Second Defendant was not a news publisher at the material time, and therefore cannot recover additional liabilities from the Claimants.

Citation
[2017] EWHC B3 (Costs)
Parties
Claimant: First Claimant; Claimant: Second Claimant; Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Civil Harassment (queen's Bench Division) / Costs Assessment Following Tomlin Order
Outcome
Claim for recovery of additional liabilities dismissed
Legal Topics
Harassment, Publication and Privacy Proceedings, Conditional Fee Agreements, After the Event Insurance, News Publisher Definition
Civil Procedure Media Law Costs Harassment Publication and Privacy Proceedings Conditional Fee Agreements After the Event Insurance News Publisher Definition

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Parties

First Claimant

Claimant

Second Claimant

Claimant

Second Defendant

Defendant

Procedural Posture

Civil Harassment (queen's Bench Division) / Costs Assessment Following Tomlin Order

Legal Issues

  1. 1 Whether the defendant was a 'news publisher' for the purposes of recovering additional liabilities in harassment proceedings
  2. 2 Whether there was a sufficient nexus between the alleged harassment and the defendant's status as a news publisher

Ratio Decidendi

The acts complained of were carried out by the Second Defendant in its capacity as a picture agency, not as a publisher of a website containing news or information about or comment on current affairs. The Second Defendant was not a news publisher at the material time, and therefore cannot recover additional liabilities from the Claimants.

Court Disposition

Claim for recovery of additional liabilities dismissed

Orders

  • Second Defendant cannot recover any additional liabilities from the Claimants