QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

The application to set aside the default judgment and final injunction is refused because the second defendant has not demonstrated a real prospect of successfully defending the harassment claim, nor any other good reason to set aside or vary the judgment. The evidence supports the inference of his involvement or assistance in the harassing conduct, and the application was not made promptly.

Citation
[2014] EWHC 4189
Parties
Claimant: QRS; First Defendant: Daniel Charles Beach; Second Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Civil (harassment/injunction) / Application to Set Aside Default Judgment and Final Injunction
Outcome
Application to set aside default judgment and final injunction refused
Legal Topics
Default Judgment, Injunctions, Protection From Harassment Act 1997, Setting Aside Judgments
Civil Procedure Harassment Law Default Judgment Injunctions Protection From Harassment Act 1997 Setting Aside Judgments

Case Brief

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Parties

QRS

Claimant

Daniel Charles Beach

First Defendant

Rick Kordowski

Second Defendant

Procedural Posture

Civil (harassment/injunction) / Application to Set Aside Default Judgment and Final Injunction

Legal Issues

  1. 1 Whether the default judgment and final injunction against the second defendant should be set aside under CPR 13.3
  2. 2 Whether the second defendant has a real prospect of successfully defending the harassment claim
  3. 3 Whether there is any other good reason to set aside or vary the judgment and injunction

Ratio Decidendi

The application to set aside the default judgment and final injunction is refused because the second defendant has not demonstrated a real prospect of successfully defending the harassment claim, nor any other good reason to set aside or vary the judgment. The evidence supports the inference of his involvement or assistance in the harassing conduct, and the application was not made promptly.

Court Disposition

Application to set aside default judgment and final injunction refused

Orders

  • Default judgment and final injunction against the second defendant remain in force
  • Costs order against the defendants remains