Smith v ADVFN Plc & Ors

Smith v ADVFN Plc & Ors

The appeal was dismissed because the stay imposed by the High Court was a proper case management decision to prevent abuse of process and manage multiple related defamation claims efficiently. The Court of Appeal found no basis to interfere with the stay and directed that the claimant show cause why the surviving claims should not be struck out or be subject to a civil restraint order.

Parties
Appellant: Smith; Respondent: ADVFN PLC & Ors
Jurisdiction
England and Wales
Judgment Date
11 May 2010
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed by consent
Legal Topics
Internet Defamation, Case Management, Civil Restraint Orders, Abuse of Process, Costs
Defamation Civil Procedure Internet Defamation Case Management Civil Restraint Orders Abuse of Process Costs

Case Brief

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Parties

Smith

Appellant

ADVFN PLC & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether postings on an internet bulletin board constitute libel or slander
  2. 2 Whether vulgar abuse is a defence to defamation
  3. 3 How to manage multiple defamation claims arising from internet postings

Ratio Decidendi

The appeal was dismissed because the stay imposed by the High Court was a proper case management decision to prevent abuse of process and manage multiple related defamation claims efficiently. The Court of Appeal found no basis to interfere with the stay and directed that the claimant show cause why the surviving claims should not be struck out or be subject to a civil restraint order.

Court Disposition

Appeal dismissed by consent

Orders

  • Appeal dismissed
  • Matter remitted to Eady J (or assigned judge) to determine whether surviving claims should be struck out or subject to a civil restraint order