Smith v Advfn Plc & Ors

Smith v Advfn Plc & Ors

The claims were unmeritorious as the statements were generally abuse, not defamatory, and even if defamatory, defences of qualified privilege and fair comment applied. No special or quantifiable damage was alleged. The civil restraint order was justified to prevent further vexatious proceedings.

Parties
Appellant: Smith; Respondent: ADVFN Plc & Ors
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Civil Restraint Orders, Damages, Qualified Privilege, Fair Comment, Abuse, Free Expression
Defamation Civil Procedure Civil Restraint Orders Damages Qualified Privilege Fair Comment Abuse Free Expression

Case Brief

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Parties

Smith

Appellant

ADVFN Plc & Ors

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claims for defamation and damages commenced by Mr Smith were meritorious
  2. 2 Whether the statements made on the ADVFN website were defamatory or mere abuse
  3. 3 Whether qualified privilege and fair comment applied as defences

Ratio Decidendi

The claims were unmeritorious as the statements were generally abuse, not defamatory, and even if defamatory, defences of qualified privilege and fair comment applied. No special or quantifiable damage was alleged. The civil restraint order was justified to prevent further vexatious proceedings.

Court Disposition

application refused

Orders

  • permission to appeal refused
  • civil restraint order upheld