Cartus Corporation & Anor v Sidell & Anor [2014] EWHC 2492 (QB) (24 July 2014)

Cartus Corporation & Anor v Sidell & Anor [2014] EWHC 2492 (QB) (24 July 2014)

The action should be stayed rather than struck out, reflecting the evolving position regarding potential publication by Defendants. The Claimants are entitled to recover 50% of their costs (subject to detailed assessment), except for specific applications where no order or adverse order is made, due to the conduct of both parties and the procedural history.

Citation
[2014] EWHC 2492
Parties
Claimant: Cartus Corporation; Claimant: Cartus Ltd; Defendant: Wayne Sidell; Defendant: Paul Williamson
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Injunction Application (defamation/quiatimet) / Post Judgment Orders and Costs
Outcome
Action stayed until further order, with liberty to apply; if no application to lift stay within 2 years, action to be struck out. Costs: Claimants recover 50% of their costs (standard basis, subject to assessment), except for specific applications as detailed.
Legal Topics
Quia Timet Injunctions, Costs, Stay of Proceedings, Amendment of Pleadings
Defamation Civil Procedure Quia Timet Injunctions Costs Stay of Proceedings Amendment of Pleadings

Case Brief

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Parties

Cartus Corporation

Claimant

Cartus Ltd

Claimant

Wayne Sidell

Defendant

Paul Williamson

Defendant

Procedural Posture

Injunction Application (defamation/quiatimet) / Post Judgment Orders and Costs

Legal Issues

  1. 1 Whether the action should be stayed or struck out following refusal to continue injunction
  2. 2 Appropriate costs order following refusal of injunction and subsequent procedural developments

Ratio Decidendi

The action should be stayed rather than struck out, reflecting the evolving position regarding potential publication by Defendants. The Claimants are entitled to recover 50% of their costs (subject to detailed assessment), except for specific applications where no order or adverse order is made, due to the conduct of both parties and the procedural history.

Court Disposition

Action stayed until further order, with liberty to apply; if no application to lift stay within 2 years, action to be struck out. Costs: Claimants recover 50% of their costs (standard basis, subject to assessment), except for specific applications as detailed.

Orders

  • Action stayed until further order with liberty to apply.
  • If no application to lift stay within 2 years, action to be struck out.