GG v YY & Anor

GG v YY & Anor

The Defendants' applications were totally without merit as there was no abuse of process or valid grounds for strike out. The witness statements of the Defendants and Second Defendant's wife were irrelevant and abusive, constituting an abuse of court process, and were struck out. The Claimant's application for injunction was not granted in the terms sought, but he was permitted to propose amendments and further orders.

Parties
Claimant: GG; First Defendant: YY; Second Defendant: ZZ
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Civil / Ruling on Applications for Strike Out, Injunction, and Case Management
Outcome
Defendants' applications dismissed as totally without merit; Claimant's applications succeed in part
Legal Topics
Protection From Harassment Act, Case Management, Striking Out Applications, Witness Statement Admissibility, Abuse of Process
Civil Procedure Harassment Confidentiality Protection From Harassment Act Case Management Striking Out Applications Witness Statement Admissibility Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

GG

Claimant

YY

First Defendant

ZZ

Second Defendant

Procedural Posture

Civil / Ruling on Applications for Strike Out, Injunction, and Case Management

Legal Issues

  1. 1 Whether the Defendants' applications to strike out the claim and set aside orders are meritorious
  2. 2 Whether the Claimant is entitled to an injunction restraining disclosure of witness statements
  3. 3 Whether witness statements should be struck out as irrelevant and abusive

Ratio Decidendi

The Defendants' applications were totally without merit as there was no abuse of process or valid grounds for strike out. The witness statements of the Defendants and Second Defendant's wife were irrelevant and abusive, constituting an abuse of court process, and were struck out. The Claimant's application for injunction was not granted in the terms sought, but he was permitted to propose amendments and further orders.

Court Disposition

Defendants' applications dismissed as totally without merit; Claimant's applications succeed in part

Orders

  • Witness statements of Second Defendant and his wife dated 24 March 2014, and First Defendant dated 2 February 2014, struck out
  • Claimant permitted to propose amendments to claim and draft injunction