Mole v Hunter [2014] EWHC 658 (QB) (27 March 2014)

Mole v Hunter [2014] EWHC 658 (QB) (27 March 2014)

The default judgment was set aside because Ms Mole was not in default until after the High Court acquired jurisdiction and she was not at fault for missing the deadline due to court error. The counterclaim was struck out for failing to plead material facts required by CPR and Practice Direction 53, but Ms Hunter was given an opportunity to amend if she could plead a viable case.

Citation
[2014] EWHC 658 (QB)
Parties
Claimant/defendant to Counterclaim: Susannah Mole; Defendant/counterclaimant: Angela Hunter
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Civil (defamation, Counterclaim) / Application to Set Aside Default Judgment and Strike Out Counterclaim
Outcome
Default judgment set aside; counterclaim struck out with permission to apply to amend
Legal Topics
Default Judgment, Counterclaim, Pleading Requirements, Relief From Sanctions, Qualified Privilege, Jurisdiction
Civil Procedure Defamation Default Judgment Counterclaim Pleading Requirements Relief From Sanctions Qualified Privilege Jurisdiction

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Parties

Susannah Mole

Claimant/defendant to Counterclaim

Angela Hunter

Defendant/counterclaimant

Procedural Posture

Civil (defamation, Counterclaim) / Application to Set Aside Default Judgment and Strike Out Counterclaim

Legal Issues

  1. 1 Whether default judgment on the counterclaim should be set aside
  2. 2 Whether the counterclaim in defamation should be struck out for failure to comply with CPR and Practice Direction 53
  3. 3 Whether the counterclaimant should be given leave to amend the counterclaim

Ratio Decidendi

The default judgment was set aside because Ms Mole was not in default until after the High Court acquired jurisdiction and she was not at fault for missing the deadline due to court error. The counterclaim was struck out for failing to plead material facts required by CPR and Practice Direction 53, but Ms Hunter was given an opportunity to amend if she could plead a viable case.

Court Disposition

Default judgment set aside; counterclaim struck out with permission to apply to amend

Orders

  • Default judgment on counterclaim set aside
  • Counterclaim struck out for non-compliance with CPR and Practice Direction 53