Muhammad Butt and Brand New Tube Abandon Libel Claim – Baker Late and Seeking Relief from Sanctions

Judge's Hammer Coming Down on Gavel

An outright victory for the Witchfinder.

The Witchfinder has been served with notice of discontinuance of the libel and harassment (counter) claim against him by My Media World Limited (operator of Brand New Tube / BNT) and its Director Muhammad Butt. The effect of the discontinuance, according to the Civil Procedure Rules (CPR), is that their claim ends and they automatically become liable for my costs of the claim just as if I had won at trial. Your author is legally qualified with an LL.M LPC (Commendation) and I represented myself in the proceedings. At the time of the discontinuance, your author had entered a robust defence and applied to strike out the claim (much like a motion of demurrer, for American readers) and was threatening to apply for security for costs. All the articles complained of are still up and will now have a new, “Defended!” banner adding. In other news, Esther Baker’s counter-claim is also floundering.

The articles successfully defended are:

There was no proper letter of counterclaim. There was a letter from Muhammad and BNT’s former solicitor Blake O’Donnell which in my opinion (and I dun got a distinction on my civil litigation exam) was drafted incorrectly because it did not clearly identify a head of claim. Indeed, ironically one of the allegedly libellous articles now defended was this one in which I pointed out the technical deficiencies in his letter.

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A Bad Day for Muhammad Butt (and Sonia Poulton) of BrandNewTube.com / My Media World Limited

Defended banner for articles defended in court

[Update 22 May 2022 – My Media World Limited and Director Muhammad Butt sued over this article in the High Court in a counterclaim in case QB-2020-003936. They dropped the libel case by discontinuance, after MHN editor Samuel Collingwood Smith entered a robust defence. The effect of discontinuance is they are automatically liable for Smith’s whole costs.]

Last year I wrote an article explaining that I had filed a High Court claim for £100,000 against Sonia Poulton of BrandNewTube.com, founder Muhammad Butt and the company itself (My Media World Limited). The claim was filed on 09 November 2020 and was deemed to be served on 22 December 2020. Three months on, they still have not entered a Defence. Today at a public telephone hearing in the Queen’s Bench, their latest antics (a further extension application) led to a modest costs Order against them and Master Thornett also made what is called an Unless Order. Unless they get on and enter their Defence by 4pm 25 March 2021 judgement will be automatically entered in my favour. The Order also means that they never get back their costs of paying their lawyer to apply for an extension of time.

Sonia Poulton Video Statement

Sonia Poulton issued an inflammatory and misleading ‘official statement’ on her dispute with John Hemming. Even stranger, she is now clinging onto my claim despite the fact that I have effectively dropped her as a Defendant. Extracted still used for the purpose of criticism and review.

Even weirder, is why Sonia Poulton was there at all. Last year to the extent I could understand their weird legal correspondence, Poulton was insisting I am a criminal blackmailer. After proceedings were issued she changed that view claiming she totally did not mean that and so I filed a partial discontinuance, dropping that claim against her. The claim against Butt and My Media World Limited continues unaffected. Because the partial discontinuance was filed and served before a defence I can make the claim again if she repeats the libel or tries to claim she has justified her original allegation. So … she can go.

All that is left, at most, is an argument about the costs of her third of their joint response to the letter of claim. But nope – she was there and ignores my attempts to unjoin her as a party. What parties would normally do is agree a consent Order but as Sonia does not wish to do so I may have to make an application, which the court has the power to order costs of.

The Order made today says as follows –

“1. Unless by 4.00pm 25 March 2021 the Defendants file and serve a Defence (whether individually or collectively), then judgment on liability for damages to be assessed shall automatically be entered.”

I was very grateful to Master Thornett for his professional and efficient conduct of the hearing. I have actually helped litigants, charitably, in cases involving him before, although we have not interacted directly, and he is known for sensible, assertive case management. As the hearing was public, so is the Order and a copy may be downloaded here. The judge actually gave them less time than I was willing to accept. I suggested an Unless Order for 30 March 2021, but he gave them only until 25 March – a clear court signal to stop messing about!

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