GG v YY & Anor [2014] EWHC 1627 (QB) (20 May 2014)

GG v YY & Anor [2014] EWHC 1627 (QB) (20 May 2014)

The Defendants' applications to strike out the claim are totally without merit as there is no abuse of process or bar to the Claimant's action. The witness statements of the Defendants and the Second Defendant's wife are irrelevant and abusive, constituting an abuse of process, and are struck out under the court's case management powers. No basis exists for further injunctive relief at this stage, but the Claimant may seek to amend the claim and propose a more targeted injunction if desired.

Citation
[2014] EWHC 1627
Parties
Claimant: GG; First Defendant: YY; Second Defendant: ZZ
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Civil / Interlocutory Applications (striking Out, Injunction, Case Management)
Outcome
Defendants' applications dismissed as totally without merit; Claimant's application succeeds in part
Legal Topics
Protection From Harassment Act 1997, Breach of Confidence, Misuse of Private Information, Case Management, Striking Out Applications, Witness Statement Admissibility
Civil Procedure Harassment Confidentiality Protection From Harassment Act 1997 Breach of Confidence Misuse of Private Information Case Management Striking Out Applications +1 more

Case Brief

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Parties

GG

Claimant

YY

First Defendant

ZZ

Second Defendant

Procedural Posture

Civil / Interlocutory Applications (striking Out, Injunction, Case Management)

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process
  2. 2 Whether the Defendants' witness statements should be struck out as irrelevant and abusive
  3. 3 Whether an injunction should be granted restraining publication of witness statements

Ratio Decidendi

The Defendants' applications to strike out the claim are totally without merit as there is no abuse of process or bar to the Claimant's action. The witness statements of the Defendants and the Second Defendant's wife are irrelevant and abusive, constituting an abuse of process, and are struck out under the court's case management powers. No basis exists for further injunctive relief at this stage, but the Claimant may seek to amend the claim and propose a more targeted injunction if desired.

Court Disposition

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

Orders

  • Witness statements of the Second Defendant and his wife dated 24 March 2014 struck out
  • Witness statement of the First Defendant dated 2 February 2014 struck out