QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

The court held that the default judgment and final injunction granted against Rick Kordowski under CPR 12 and 13 are governed by the self-contained regime of CPR 13. Kordowski failed to demonstrate a real prospect of successfully defending the harassment claim or any other good reason to set aside the judgment. His evidence did not sufficiently rebut the inference of involvement and joint tortfeasorship, and he did not act promptly in applying to set aside. The injunction and costs order stand.

Citation
[2014] EWHC 4189 (QB)
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 dismissed
Legal Topics
Protection From Harassment Act 1997, Default Judgment, Injunctions, Joint Tortfeasorship, Aiding and Abetting, Case Management Powers
Civil Procedure Harassment Defamation Protection From Harassment Act 1997 Default Judgment Injunctions Joint Tortfeasorship Aiding and Abetting +1 more

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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
  3. 3 Whether the second defendant's conduct amounted to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The court held that the default judgment and final injunction granted against Rick Kordowski under CPR 12 and 13 are governed by the self-contained regime of CPR 13. Kordowski failed to demonstrate a real prospect of successfully defending the harassment claim or any other good reason to set aside the judgment. His evidence did not sufficiently rebut the inference of involvement and joint tortfeasorship, and he did not act promptly in applying to set aside. The injunction and costs order stand.

Court Disposition

Application to set aside default judgment and final injunction dismissed

Orders

  • Final injunction restraining both defendants from harassment stands
  • Order for deletion of data by first defendant stands