Day v Bryant (declaratory relief - costs - QOCS)

Day v Bryant (declaratory relief - costs - QOCS)

The court found, on the balance of probabilities, that the claimant's allegations of sexual assault against the defendant were false and fundamentally dishonest, motivated by a desire for compensation and personal attention. The claimant's conduct constituted an abuse of process, justifying the striking out of the main claim and the granting of declaratory relief to the defendant. The court exercised its discretion to grant declarations to vindicate the defendant's reputation and to reflect the justice of the case, notwithstanding the absence of the claimant.

Parties
Claimant: Mr Daniel Joseph Day; Defendant/counterclaimant: Mr David Bryant
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Civil / Trial Judgment on Counterclaim After Main Claim Struck Out
Outcome
Declaratory relief granted in favour of the defendant; main claim struck out for abuse of process; costs enforceable against claimant.
Legal Topics
Declaratory Relief, Qualified One Way Costs Shifting (qocs), Abuse of Process, Costs, Strike Out, False Allegations, Historic Child Sex Abuse
Civil Procedure Tort Defamation Declaratory Relief Qualified One Way Costs Shifting (qocs) Abuse of Process Costs Strike Out +2 more

Case Brief

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Parties

Mr Daniel Joseph Day

Claimant

Mr David Bryant

Defendant/counterclaimant

Procedural Posture

Civil / Trial Judgment on Counterclaim After Main Claim Struck Out

Legal Issues

  1. 1 Whether the court should grant declaratory relief in favour of the defendant after the main claim was struck out for abuse of process
  2. 2 Whether the claimant's allegations of sexual assault were false and fundamentally dishonest
  3. 3 Whether the defendant is entitled to costs and declaratory relief despite the main claim being struck out

Ratio Decidendi

The court found, on the balance of probabilities, that the claimant's allegations of sexual assault against the defendant were false and fundamentally dishonest, motivated by a desire for compensation and personal attention. The claimant's conduct constituted an abuse of process, justifying the striking out of the main claim and the granting of declaratory relief to the defendant. The court exercised its discretion to grant declarations to vindicate the defendant's reputation and to reflect the justice of the case, notwithstanding the absence of the claimant.

Court Disposition

Declaratory relief granted in favour of the defendant; main claim struck out for abuse of process; costs enforceable against claimant.

Orders

  • Declarations that Daniel Day made false allegations of sexual assault against David Bryant, sought to undermine the administration of justice, and obtained compensation by fundamentally dishonest means.
  • Costs orders enforceable against the claimant due to abuse of process.