1993 H. No.2412
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Mr. M Bethel QC sitting as a Deputy Judge of the
Queen's Bench Division
B E T W E E N
MARGARET ISHOBEL HODKIN - Plaintiff
JONATHAN CAVEN-ATACK - Defendant
UPON hearing Counsels for the Plaintiff and for the
AND UPON the hearing of an appeal by the Defendant
against the decision of Master Tennant given on the 26th day of April 1995 upon the
hearing of the Plaintiff's Summons dated 14th March 1995, ordering that:
1 The Defendant's defence be struck out and the costs
of the action be taxed and paid by the Defendant to the Plaintiff, the Defendant having
failed to swear and serve one affidavit or affirmation completely of itself complying with
the Order of 27th June 1984, and
2. that the costs of and occasioned by this
application be paid by the Defendant to the Plaintiff in any event.
IT IS ORDERED that:
1 Appeal dismissed.
2. Defendant to pay the Plaintiff's costs of this
appeal on an indemnity basis, such costs to be taxed and paid forthwith.
3. Judgment for the Plaintiff for:
(i) damages to be assessed; and
(ii) an injunction restraining the Defendant by
himself his servants or otherwise from further publishing or causing to be printed
published and distributed the book entitled "A Piece of Blue Sky" containing the
defamatory words set out in paragraph 3 of the Statement of Claim namely:
"The head of the Scientology school in
East Grinstead was being called as a witness. She denied that a twelve-year-old girl had
received a 'withhold pulling session' at the hands of three of the school's staff. To
'pull withholds' is Scientologese for making someone confess to their transgressions.
Minutes of the schools board meetings had to be publicly available, yet the filed copy
made no reference to the 'withhold-pulling' session. I obtained an unedited copy
of the school's board minutes, which not only proved the headmistress's sworn statement
untrue, but showed the school's attempt at concealment."
or any similar words defamatory of the Plaintiff.
4. Defendant refused leave to appeal.
DATED this 18th day of May 1995