Cartus Corporation & Anor v Sidell & Anor

Cartus Corporation & Anor v Sidell & Anor

The action is stayed rather than struck out to reflect the Defendants' changing intentions regarding publication, with liberty to apply, and to avoid potential procedural injustice. Costs are apportioned: Claimants recover 50% of their costs (subject to detailed assessment), except for no order as to costs for the application before Sir David Eady, and Claimants bear their own and any Defendants' costs for amending the Particulars of Claim.

Parties
Claimant: Cartus Corporation; Claimant: Cartus Ltd; Defendant: Wayne Sidell; Defendant: Paul Williamson
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Civil / Post Interlocutory Judgment on Continuation of Injunction 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 apportioned as specified.
Legal Topics
Quia Timet Injunctions, Costs, Amendment of Pleadings, Res Judicata
Defamation Civil Procedure Quia Timet Injunctions Costs Amendment of Pleadings Res Judicata

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Parties

Cartus Corporation

Claimant

Cartus Ltd

Claimant

Wayne Sidell

Defendant

Paul Williamson

Defendant

Procedural Posture

Civil / Post Interlocutory Judgment on Continuation of Injunction and Costs

Legal Issues

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

Ratio Decidendi

The action is stayed rather than struck out to reflect the Defendants' changing intentions regarding publication, with liberty to apply, and to avoid potential procedural injustice. Costs are apportioned: Claimants recover 50% of their costs (subject to detailed assessment), except for no order as to costs for the application before Sir David Eady, and Claimants bear their own and any Defendants' costs for amending the Particulars of Claim.

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 apportioned as specified.

Orders

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