Smith v Baker, Baker Defence and Counterclaim Partially Struck Out

Judgement has been handed down by Master Sullivan in my strike-out application against Esther Baker in Smith v Baker and Dillon. I have a copy, and it has been released to BAILII so will presumably be going up there shortly.

EstherBaker

Esther Baker has had parts of her Defence and Counterclaim struck out.

In short the judge has struck out parts of Baker’s Defence and Counterclaim and will make an Order that she files an amended one within 28 days. The precise form of the Order will be finalised at a hearing to be set for 30 minutes next week. It is not an unless Order, but it is intended to contain liberty for me to renew my strike-out application if the pleadings remain deficient. The judge also said, “I am not making an unless order for the reasons set out, but if there is any substantial breach in the amended pleadings, the relevant part is likely to be struck out”.

I am disappointed with some typos, including apparently mixing up the Claimant and Defendant in a couple of places and some similar errors, as well as one error of fact. These could have been avoided had a draft of the judgement been sent out in the usual way, which I did suggest. There are procedures for correcting these, called, the “slip rule” and “reconsideration rule” and I will comment further once I have invited the Master to address them.

[EDIT – 20/10/2020 18:20] The judge has now corrected all the typos and factual issues I raised and sent an amended judgement to BAILII.

Otherwise, the effect is positive. Ms Baker must correct her pleadings once the Order is finalised, or face final strike-out.

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Hemming Brings it – Court Papers re Sonia Poulton Filed

This is just a brief note updating my previous articles about Sonia Poulton (1st here, 2nd here). At around 10:38am this morning proceedings were brought by John Hemming in his claim against Sonia Poulton. The fee has been paid and the filings accepted by the clerk. The court case is no longer a threat, no longer a possibility. It has been filed. Sonia Poulton has yet to be served or enter a defence, and it is now for a court to decide matters. However, she has been sent a receipt and copy of the final legal papers as a courtesy.

Sonia Poulton Video Statement

Sonia Poulton has issued an inflammatory and misleading ‘official statement’ on the dispute. Extracted still used for the purpose of criticism and review.

This will be a new development to Poulton, a figure who has faced legal threats for years but somehow avoided litigation. To me she seems to be a pathetic figure much like David Hencke, who humiliatingly settled Hemming’s libel claim against him in 2018. Once taken seriously by the national press, her career has followed a “this is spinal tap” model into self-publication. She has shaded into ever more dangerous territory and her recent podcast with Shaun Attwood has finally put her into deep waters.

Poulton now face the risk of further lawsuits. She has made public remarks about two supporters of Hemming, with the following words – “I’ve finally found out the reason why two creepy middle-age, childless men have been stalking me and survivors of child abuse for years. And I’m going to expose them,” (tweet) (archive). Her difficulty with this statement of course is that stalking is a crime. If the men can be identified, even by a small number of people, then they can sue her. In order to defend her statement, she might well have to prove that they are guilty of the offence for which they have not been convicted.

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