Ames & Anor v The Spamhaus Project Ltd & Anor [2015] EWHC 127 (QB) (27 January 2015)

Ames & Anor v The Spamhaus Project Ltd & Anor [2015] EWHC 127 (QB) (27 January 2015)

The claims are struck out as an abuse of process under Jameel principles and/or dismissed by summary judgment, as the claimants failed to demonstrate that publication caused or was likely to cause serious harm to their reputation in England and Wales, and the pursuit of the claims would be disproportionate given the minimal publication and lack of substantial connection or reputation in the jurisdiction. The privacy and copyright claims also fail as the public interest defence would inevitably succeed.

Citation
[2015] EWHC 127 (QB)
Parties
Claimant: Craig Ames; Claimant: Robert McGee; Defendant: The Spamhaus Project Limited; Defendant: Stephen Linford
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
High Court Civil Claim / Application to Strike Out And/or Summary Judgment
Outcome
Claims struck out as abuse of process and/or dismissed by summary judgment
Legal Topics
Libel, Misuse of Private Information, Copyright Infringement, Serious Harm Threshold, Jameel Abuse of Process, Public Interest Defence
Defamation Privacy Copyright Libel Misuse of Private Information Copyright Infringement Serious Harm Threshold Jameel Abuse of Process +1 more

Case Brief

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Parties

Craig Ames

Claimant

Robert McGee

Claimant

The Spamhaus Project Limited

Defendant

Stephen Linford

Defendant

Procedural Posture

High Court Civil Claim / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimants' libel, privacy, and copyright claims should be struck out as an abuse of process or dismissed by summary judgment
  2. 2 Whether publication caused or was likely to cause serious harm to reputation under s.1 Defamation Act 2013
  3. 3 Whether the claimants have sufficient connection/reputation in the jurisdiction

Ratio Decidendi

The claims are struck out as an abuse of process under Jameel principles and/or dismissed by summary judgment, as the claimants failed to demonstrate that publication caused or was likely to cause serious harm to their reputation in England and Wales, and the pursuit of the claims would be disproportionate given the minimal publication and lack of substantial connection or reputation in the jurisdiction. The privacy and copyright claims also fail as the public interest defence would inevitably succeed.

Court Disposition

Claims struck out as abuse of process and/or dismissed by summary judgment

Orders

  • All claims dismissed
  • Permission to re-amend denied