QRS v Beach & Anor

QRS v Beach & Anor

Mr Kordowski's denial of involvement, though improbable, is not so lacking in reality as to be summarily dismissed without trial. The evidence against him is circumstantial and not overwhelming. The case for joint tortfeasorship or aiding and abetting is not clearly pleaded and requires fuller analysis. Despite Mr Kordowski's serious default and delay, the interests of justice require the default judgment and final injunction against him be set aside, subject to conditions, as he has a real prospect of defending the claim.

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 against the second defendant granted, subject to conditions.
Legal Topics
Harassment, Default Judgment, Injunctions, Joint Tortfeasorship, Civil Procedure Rules
Civil Procedure Tort Law Harassment Default Judgment Injunctions Joint Tortfeasorship Civil Procedure Rules

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 claim of harassment
  3. 3 Whether the second defendant is liable as a joint tortfeasor or aider and abettor for the alleged harassment

Ratio Decidendi

Mr Kordowski's denial of involvement, though improbable, is not so lacking in reality as to be summarily dismissed without trial. The evidence against him is circumstantial and not overwhelming. The case for joint tortfeasorship or aiding and abetting is not clearly pleaded and requires fuller analysis. Despite Mr Kordowski's serious default and delay, the interests of justice require the default judgment and final injunction against him be set aside, subject to conditions, as he has a real prospect of defending the claim.

Court Disposition

Application to set aside default judgment and final injunction against the second defendant granted, subject to conditions.

Orders

  • Default judgment and final injunction against Rick Kordowski set aside, subject to conditions to be determined.
  • Mr Kordowski to file a properly pleaded Defence and comply with a strict timetable for trial.