Jeweller Stephen Crane will have to file a new writ against rival jewellery firm Crisson, the Court of Appeals has ruled.

President of the court, Sir James Astwood yesterday ruled in favour of H.J. & J.E Crisson, Peter Crisson and Larry Booker that Mr. Crane will have to enter a new "statement of claim'' after a hearing on Monday.

Crisson successfully applied to quash the statement of claim or the document that sets out the case alleged against them.

Sir James said: "The order we have in the appeal is allowed with costs to the appellant (Crisson's and Mr. Booker). The claim is to be struck out.'' But he told Mr. Crane's lawyer, Kiernan Bell: "I haven't seen you before up here but you acquitted yourself well.'' Mr. Crane, the principal of Caribbean Jewellery chain Colombian Emeralds is suing Mr. Crisson, his family's company, and general manager Larry Booker for libel and is claiming a "substantial'' amount in damages.

He alleges that Mr. Crisson and Mr. Booker are responsible for 28 messages posted on the Internet at a Yahoo! notice board for investors interested in Colombian Emeralds' main competitor, Little Switzerland.

Mr. Crane's company was attempting to acquire Little Switzerland, a major jewellery and watch company, a former distributor of Rolex watches.

The notices were posted under the pseudonym Cranestalker from June 1998 to January 1999.

Mr. Crane claims he traced the postings through Yahoo! to Bermuda.

Dutyfree.com is also named with him in the writ.

Through an injunction, a computer and other evidence are believed to have been seized from Mr. Crisson's and Mr. Booker's homes and the business.

Colombian Emeralds is the exclusive supplier for Astwood and Dickinson, Crisson's main competitor.

Last year, Chief Justice Austin Ward refused to throw out the suit at Mr.

Crisson's behest, but he did allow Mr. Crane to use only messages, documents, and computer discs related to the libel suit.

Crisson was represented by Saul Froomkin QC of Mello Hollis Jones and Martin, while Kiernan Bell of Appleby Spurling and Kempe represented Mr. Crane, and Dutyfree.Com Inc.

Once the new statement of claim is filed within seven days, the process will start all over again in the Supreme Court.