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 are dismissed as totally without merit because there is no legal or factual basis for striking out the claim or setting aside previous orders; the witness statements of the Defendants and the Second Defendant's wife are struck out as irrelevant and abusive, constituting an abuse of process and likely to obstruct the just disposal of the proceedings.

Citation
[2014] EWHC 1627 (QB)
Parties
Claimant: GG; First Defendant: YY; Second Defendant: ZZ
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Civil / Interlocutory Applications Before High Court Judge
Outcome
Defendants' applications dismissed as totally without merit; Claimant's application to strike out witness statements granted 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 Before High Court Judge

Legal Issues

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

Ratio Decidendi

The Defendants' applications are dismissed as totally without merit because there is no legal or factual basis for striking out the claim or setting aside previous orders; the witness statements of the Defendants and the Second Defendant's wife are struck out as irrelevant and abusive, constituting an abuse of process and likely to obstruct the just disposal of the proceedings.

Court Disposition

Defendants' applications dismissed as totally without merit; Claimant's application to strike out witness statements granted in part.

Orders

  • Witness statements of the Second Defendant and his wife dated 24 March 2014, and the witness statement of the First Defendant dated 2 February 2014, are struck out.
  • Claimant may submit draft amendments to claim and draft injunction.