Mole v Hunter

Mole v Hunter

The default judgment against Ms Mole must be set aside because she was not at fault for the default, acted promptly, and has a real prospect of defending the counterclaim. The counterclaim is struck out for failure to comply with the rules of pleading in defamation, but Ms Hunter is given an opportunity to apply to amend if she can plead a viable case.

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) / Ruling on Application to Set Aside Default Judgment and Strike Out Counterclaim
Outcome
Application to set aside default judgment granted; counterclaim struck out with leave to apply to amend
Legal Topics
Default Judgment, Counterclaim, Striking Out Pleadings, Relief From Sanctions, Qualified Privilege, Amendment of Pleadings
Defamation Civil Procedure Default Judgment Counterclaim Striking Out Pleadings Relief From Sanctions Qualified Privilege Amendment of Pleadings

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Parties

Susannah Mole

Claimant/defendant to Counterclaim

Angela Hunter

Defendant/counterclaimant

Procedural Posture

Civil (defamation/counterclaim) / Ruling on Application to Set Aside Default Judgment and Strike Out Counterclaim

Legal Issues

  1. 1 Whether default judgment against Ms Mole should be set aside
  2. 2 Whether Ms Hunter's counterclaim in defamation should be struck out for non-compliance with pleading requirements
  3. 3 Whether Ms Hunter should be granted leave to amend her counterclaim

Ratio Decidendi

The default judgment against Ms Mole must be set aside because she was not at fault for the default, acted promptly, and has a real prospect of defending the counterclaim. The counterclaim is struck out for failure to comply with the rules of pleading in defamation, but Ms Hunter is given an opportunity to apply to amend if she can plead a viable case.

Court Disposition

Application to set aside default judgment granted; counterclaim struck out with leave to apply to amend

Orders

  • Default judgment of 12 September 2013 set aside
  • Counterclaim struck out unless permission to amend is granted