Harvey v Gaskin & Anor

Harvey v Gaskin & Anor

The claim disclosed no reasonable cause of action in libel or malicious falsehood, was incomprehensible, and was an abuse of process as it sought to relitigate matters already determined. The civil restraint order was justified due to persistent meritless litigation. The summary assessment of costs was appropriate and not disproportionate.

Parties
Claimant/appellant: Jeffrey Allan Harvey; Defendant/respondent: Jennifer Gaskin; Defendant/respondent: Richard Shaw
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Striking Out Claim, Civil Restraint Order, Malicious Falsehood, Libel, Costs Assessment, Abuse of Process
Civil Procedure Defamation Property Law Striking Out Claim Civil Restraint Order Malicious Falsehood Libel Costs Assessment +1 more

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Parties

Jeffrey Allan Harvey

Claimant/appellant

Jennifer Gaskin

Defendant/respondent

Richard Shaw

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim disclosed any reasonable cause of action in libel or malicious falsehood
  2. 2 Whether the proceedings were an abuse of process
  3. 3 Whether a civil restraint order was justified

Ratio Decidendi

The claim disclosed no reasonable cause of action in libel or malicious falsehood, was incomprehensible, and was an abuse of process as it sought to relitigate matters already determined. The civil restraint order was justified due to persistent meritless litigation. The summary assessment of costs was appropriate and not disproportionate.

Court Disposition

application for permission to appeal refused

Orders

  • Claim struck out
  • Civil restraint order upheld