Ewing (Terence Patrick) v Times Newspapers Ltd
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 21 January 2010 |
| Neutral Citation | [2010] NIQB 7 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 21 January 2010 |
| Year | 2010 |
1
Neutral Citation No. [2010] NIQB 7 Ref:
COG7603
Judgment: approved by the Court for handing down Delivered:
22/01/10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
TERENCE PATRICK EWING
Plaintiff;
-and-
TIMES NEWSPAPERS LIMITED
Defendant.
________
COGHLIN LJ
[1] This is an application on behalf of the defendant, Times Newspapers
Limited, for an order pursuant to Order 18 Rule 19 of the Rules of the
Supreme Court (Northern Ireland) 1980 (“the Rules”) and the inherent
jurisdiction of the court to strike out the statement of claim served herein by
the plaintiff, Terence Patrick Ewing, dismiss his action and enter judgment on
behalf of the defendant upon the grounds that the plaintiff’s claim discloses
no reasonable cause of action, is scandalous, frivolous and/or vexatious or
otherwise constitutes an abuse of the process of the court and/or is likely to
prejudice, embarrass or delay the fair trial of this action. In the alternative,
the defendant seeks an order staying the plaintiff’s actions on the grounds of
forum non conveniens. The summons also seeks orders compelling the
plaintiff to give security for the defendant’s costs in accordance with Order 23
Rule 1 of the Rules and an order pursuant to Order 3 Rule 5 of the Rules
extending the period during which the defendant is required to serve a
defence to such time as the court may think fit after the determination of this
application. At present, the defendant is not actively pursuing an order for
security for costs but reserves its right to do so subject to the outcome of the
remainder of this application.
2
[2] The defendant was represented by Mr Ringland QC and Mr
MacMahon while Mr Ewing appeared on his own behalf as a personal
litigant. I am grateful to both parties for the assistance that I derived from
their helpful submissions.
Background facts
[3] The plaintiff resides in London and during the course of the hearing no
evidence was produced to indicate that he has or ever has had any connection
of any sort with the Northern Ireland jurisdiction. The plaintiff’s claim in
these proceedings arises out of an article published by the defendant on 11
February 2007 both in the Northern Ireland edition of the Sunday Times
newspaper and on the “The Times On-line” website entitled “Heritage Fakers
Hold Builders to Ransom”. In the course of this article it was alleged, inter
alia, that, despite claiming to campaign to protect Britain’s architectural
heritage, a non-profit group known as the Euston Trust had accepted a secret
payment to drop objections to a development in a seaside town in England.
This group was said to be suspected of taking money in similar circumstances
from other builders in return for withdrawing objections to proposed
developments. The Trust was described in the Article as being run by the
plaintiff who was said to have studied planning law while serving a prison
sentence for theft and forgery in the 1980s. The article contained a reference
to another individual named Mr Hammerton who had been the secretary of
the Euston Trust and who had apparently said that he suspected the plaintiff
of having received payments from developers “to pull out of intended judicial
review challenges”. The article recorded that the plaintiff had emphatically
denied ever having been offered or taking payments from developers.
[4] The plaintiff has a long history of involvement in litigation stretching
back over many years and in a judgment dated 21 December 1989 he was
made the subject of a Civil Proceedings Order, on the application of the
Attorney General, and declared a vexatious litigant in accordance with the
provisions of Section 42 of the Supreme Court Act 1981. In the course of
delivering the judgment of the court Rose J referred to a number of quotations
from and correspondence written by the plaintiff in relation to the issue of
litigation costs. These included:
“I will not in any event comply with any order for
payment or taxation order … I shall knowingly and
wilfully be defaulting on all debts owed to your trash
wetback clients and the trash Law Society.”
“I shall of course be deliberately seeking to pursue
vexatious objections, simply for the purpose of
building up a further legal bill in respect of which you
and the Law Society will be billed.”
To continue reading
Request your trial
4 cases
-
Daniel McAteer and (1) Sean Devine (2) Mary Devine (3) Brendan Fox, Partner, Cleaver Fulton Rankin Solicitors (4) John Love, Partner, Moore Stephens Bradley McDaid
...BMLR 149, Haughey v Newry & Mourne Health & Social Care Trust [2013] NICA 78 Benmax v Austin Motor Co Ltd [1955] AC 370, Thornton v NIHE [2010] NIQB 7, Gross v Lewis Hilman Ltd [1970] Ch 445, Carlyle (Appellant) v Royal Bank of Scotland Plc (Respondent) (Scotland) [2015] UKSC 13 and most re......
-
Paul Murphy and Casey and Casey Solicitors and Mr Gerry Cunningham and Ms Edel Casey and Ms Blaithin Murray and The Northern Ireland Courts and Tribunal Service
...clearly does not have a case to make; McAteer v Lismore [2000] NI 471 (Girvan J). [46] In Ewing (Terence Patrick) v Times Newspapers Ltd [2010] NIQB 7 Coghlin LJ, delivering the judgment of the court, at para 37 stated: “As Lord Phillips, MR, noted in Jameel v Dow Jones and Company [2005] Q......
-
Paula May Gladys Douglas (Applicant/Claimant) v HM Attorney-General and Others (Respondents/Defendants)
...had to seek to litigate in Northern Ireland because the Respondent would not consent to the discharge of the Order. She refers to Ewing v Times Newspaper Ltd [2010] NIQB 7). She says that nine years is a long time. In 2006 Rix LJ thought that she should have another chance at some stage. Sh......
-
Terence Patrick Ewing V. Times Newspapers Limited
...made the same allegations as in the present action. On 21 January 2010 Coughlin LJ struck out the claims (Ewing v Times Newspapers Ltd [2010] NIQB 7, at paras [29]-[30]; [36]-[37]). The pursuer has appealed against that decision too. The reclaiming motion [7] The pursuer reclaims against th......
2 books & journal articles
-
Table of Cases
...348 Ewing v. News International Ltd & Ors, [2008] EWHC 1390 (QB) ...........................90, 167, 248 Ewing v. Times Newspapers Ltd., [2010] NIQB 7 ......................................................................... 90 Falk v. Smith, [1941] O.R. 17 (C.A.) ................................
-
Notice and Limitation Periods
...Newspapers Ltd ., [2010] EWHC 696 (QB) Budu v. he British Broadcasting Corporation, [2010] EWHC 616 (QB) Ewing v. Times Newspapers Ltd., [2010] NIQB 7 Kaschke v. Gray & Anor, [2010] EWHC 1907 (QB) Kaschke v. Osler, [2010] EWHC 1075 (QB) Khader v. Aziz & Ors, [2010] EWCA Civ 716 Smith v. ADV......