Iain Clifford Stamp v Open Democracy
[2024] EWHC 1574 (KB)
Dr Theodore Piepenbrock v Paul Michell & Ors
13 March 2024
[2024] EWHC 544 (KB)
High Court
Dr. Piepenbrock sued several people for defamation and harassment over a website description of his past unsuccessful lawsuits. The court threw out his case, saying it was frivolous and he'd sued too many times before. The court also banned him from starting any similar lawsuits for three years.
Key Facts
- •Dr. Theodore Piepenbrock issued a Part 7 claim against Paul Michell, the London School of Economics (LSE), and 50 other barristers.
- •The claim alleged defamation, harassment, and other torts based on a statement on Mr. Michell's chambers' website.
- •The statement described Dr. Piepenbrock's previous unsuccessful litigation against the LSE.
- •Dr. Piepenbrock claimed over £200,000 in damages.
- •The claim was initially stayed, and subsequent applications for summary judgment and strike-out were made by the defendants.
- •Dr. Piepenbrock appeared in person, assisted by his son acting as McKenzie Friend, but failed to attend the second day of the hearing due to an alleged autistic meltdown.
Legal Principles
Strike out under CPR Part 3.4(2)(a) if the statement of case discloses no reasonable grounds for bringing the claim.
CPR Part 3.4(2)(a)
Strike out under CPR Part 3.4(2)(b) if the statement of case is an abuse of court process or likely to obstruct just disposal of proceedings.
CPR Part 3.4(2)(b)
Summary judgment under CPR 24.3 if the claimant has no real prospect of succeeding.
CPR 24.3
Vicarious liability requires a relationship where one party pays for another's acts and a connection between the relationship and the wrongdoing.
Various Claimants v Barclays Bank Plc [2020] AC 973
Liability for publication requires participation in or authorization of the publication; passive involvement is insufficient.
Hourani v Thomson [2017] EWHC (QB)
Defamation claim limitation period is one year from the date of first publication.
Section 4A of the Limitation Act 1980 and section 8(3) of the Defamation Act 2013
Harassment under the Protection from Harassment Act 1997 requires a course of conduct amounting to harassment, known or ought to be known as such.
Protection from Harassment Act 1997
Malicious falsehood requires publication of false words maliciously causing special damage.
Gatley on Libel & Slander
Res judicata principles (cause of action estoppel, issue estoppel, abuse of process) prevent re-litigation of already determined issues.
Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2014] AC 160
Civil restraint orders can be made where a party persistently issues claims totally without merit.
CPR 3.4(6), PD3C
Outcomes
Claim struck out against all defendants.
Claim devoid of merit, no reasonable grounds for bringing the claim, abuse of process, and time-barred claims.
Claim certified as totally without merit.
Claim lacked any rational basis for success.
Claimant's application to lift the stay dismissed and certified as totally without merit.
Claim's lack of merit rendered the application pointless.
Extended Civil Restraint Order (ECRO) made against Dr. Piepenbrock for three years.
Persistent issuance of claims totally without merit against the LSE.