QB-2017-2712 (formerly HQ17M01967), QB-2018-006164 (formerly HQ18M02612) QB-2019-001263 |
QUEEN'S BENCH DIVISION MEDIA AND COMMUNICATIONS LIST
Royal Courts of Justice Strand, London WC2A 2LL |
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B e f o r e :
B E T W E E N :
JOHN CAINE |
Claim No. G45YJ890 Claimant / Respondent |
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- and - |
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FACEBOOK IRELAND LIMITED |
Defendant / Applicant |
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AND BETWEEN: |
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JOHN CAINE |
Claim No. QB-2017-2712 (formerly HQ17M01967) Claimant / Respondent |
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-and- |
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(1) ADVERTISER AND TIMES LIMITED (2) EDWARD CURRY |
Defendants / Applicants |
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-and- |
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FACEBOOK IRELAND LIMITED |
Applicant |
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AND BETWEEN: |
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JOHN CAINE |
Claim No. QB-2018-006164 (formerly HQ18M02612) Claimant / Respondent |
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-and- |
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(1) EDWARD CURRY (2) CAROLINE WOODFORD |
Defendants / Applicants |
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-and- |
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FACEBOOK IRELAND LIMITED |
Applicant |
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AND BETWEEN: |
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JOHN CAINE |
Claim No. QB-2019-001263 Claimant / Respondent |
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-and- |
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(1) EDWARD CURRY (2) CAROLINE WOODFORD |
Defendants / Applicants |
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-and- |
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FACEBOOK IRELAND LIMITED |
Applicant |
____________________
2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MS CLARA HAMER (instructed by White & Case LLP) for the
Applicant Facebook Ireland Limited
MR EDWARD CURRY (Defendant/Applicant) in Person and on behalf of MS
CAROLINE WOODFORD and ADVERTISER AND TIMES LIMITED
(Defendants/Applicants)
MR JOHN CAINE did not appear and made written representations in Person
____________________
MR JUSTICE KERR :
Introduction
The Parties
The Claims
Previous "Totally Without Merit" Findings
"The Claimant knew that that was to be considered and it appears to me that he issued this claim at the time that he did in order to avoid the consequences of the ECRO. (The ECRO would have prevented the Claimant from making this claim without first seeking permission and such permission would quite plainly not have been granted.)"
Attempts to Appeal and Costs Orders
The Proceedings Against Facebook
Other Background Matters
Legal Principles
"The party against whom the order is made persists in issuing claims or making applications which are totally without merit, in circumstances where an extended civil restraint order would not be sufficient or appropriate."
The Parties' Submissions
Reasoning and Conclusions
"41. The three questions to be addressed when considering a GCRO, set out in Nowak v NMC [2013] EWHC 1932 are:
i) Has the litigant persistently issued claims or made applications which are totally without merit ... ?
ii) Does an objective assessment of the risk which the litigant poses demonstrate that they would, if unrestrained, issue further claims or make further applications which would abuse the Court's process... ?
iii) What order, if any, is just and proportionate to make to address the risk identified ... ?
42. In an application for a GCRO a third threshold requirement in addition to persistence and claims or applications being totally without merit is the inadequacy of an ECRO. Persistence means more than habitual ... ."
" ... because a civil restraint order represents a restriction on the right of access to the courts, any such order should be no wider than is necessary and proportionate to the aim of protecting the court's process from abuse. In accordance with this principle, the court should therefore approach this question by asking 'what is the least restrictive form of order shown to be required'."
Two postscripts
other parties before the court. They may be of wider application than just applications for civil restraint orders.
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