KB-2023-003483 - [2025] EWHC 1799 (KB)

On 14 May 2024 D3 made an application disputing jurisdiction pursuant to CPR Part 11.

On 10 June 2024 default judgment was ordered against D1. Directions were given for a disposal hearing in relation to this claim.

On 13 September 2024 Mr Lin emailed C2. He explained that under US law, website operators are not obliged to ensure that users register with their real names. Accordingly, D3 only retains the email addresses, IP addresses and usernames for those who post on its website, not their real names. He said that as a “user generated content” (“UGC”) platform, the website received thousands of complaint letters a day. Due to its operating model and human resource limitations, D3 was unable to respond to each individual complaint. However, D3 had made an exception for the Claimants and deleted the 10 posts that had been mentioned in correspondence (it is not clear which these were). Further, although C2 had not requested it, they had invested a lot of manpower and time in deleting more than 600 related posts. He said that C2 should feel free to propose “any other reasonable solutions” and he would be willing to discuss “whether there are more ways to alleviate your troubles”.

By an order dated 1 October 2024 (amended on 9 October 2024) Master Stevens addressed the Claimants’ Part 18 application. She noted in the recital to the order that D3 had indicated in correspondence that it would not provide the material to the Claimants without a court order; and neither consented to nor opposed any such order being made. Master Stevens ordered that D3 disclose to the Claimants the requested material as soon as reasonably practicable and in any event within 28 days of having received the order.

On 9 October 2024 the Claimants made an application against D3 for an order under s.13 of the 2013 Act, requiring D3 to remove and cease distribution of certain posts (“the s.13 application”). This application referred to 271 posts over and above those that featured in the Particulars of Claim. The posts complained of were nevertheless deleted by D3 and this process was completed on or before 14 November 2024: Lin 2 at [20]-[22].

On 6 November 2024, D3 emailed the Claimants providing them with “the user information you requested” by reference to Master Stevens’ order, saying “We believe this information will help in identifying the individual responsible for the defamatory statements and we can hope this will assist in bringing this matter to a close as soon as possible”. The email continued “please confirm if our compliance is sufficient for both you and the court’s requirements and if upon receipt and verification of this information the claim will be dismissed.”

On 4 December 2024 the Claimants made an application against D3 for an injunction.

On 10 December 2024 D3 made an application against the Claimants for strike out of the claim / summary judgment on it.