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The Court of Appeal dismissed an appeal by an online retailer and its UK affiliate, affirming the High Court’s refusal to stay defamation proceedings brought against them by the plaintiff, who claimed to have been defamed by a book sold on the retailer's websites. The online retailer argued the proceedings should be put on hold pending the resolution of a separate, but related, defamation case brought by the same plaintiff against the book's publisher based in the United States. The Court of Appeal found that the High Court’s decision was a case management direction and did not expose the retailer to any irremediable prejudice. The court agreed that it was appropriate for the proceedings to progress, allowing the retailer to file its defence, and retained the option for the stay to be reconsidered later. The ruling emphasised the importance of efficiently managing related litigation and did not preclude future applications regarding the sequencing or linking of both sets of proceedings.
defamation – application for stay – case management – appeal dismissed – related proceedings – High Court decision affirmed – secondary publisher – innocent publication defence – distributors and vendors – sequencing of hearings – Civil Liability Act 1961 – Defamation Act 2009 – Rules of the Superior Courts (RSC) – concurrent wrongdoers – access to court
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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