Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Both Defendants failed to comply with the Master's Unless Order of 8 June 2021 as to the required schedules (paragraph 2), and the 1st Defendant also failed to comply with the required undertaking (paragraph 4). The breaches were serious and significant, with no adequate explanation. Relief from sanctions and further extensions of time were refused. The Defences were struck out automatically per the Unless Order.

Citation
[2021] EWHC 2824 (QB)
Parties
Claimant: Simon Bard Parkes; 1st Defendant: Toby Hall; 2nd Defendant: Stephen Earnshaw aka Amora Steve Melchizadek
Jurisdiction
England and Wales
Judgment Date
22 October 2021
Procedural Posture
Civil (defamation, Harassment, Privacy, Data Protection) / Application Hearing on Strike Out, Summary Judgment, Relief From Sanctions, and Related Orders
Outcome
Defences of both Defendants struck out for non-compliance with Unless Order; applications for extension of time and relief from sanctions refused.
Legal Topics
Strike Out of Defence, Relief From Sanctions, Unless Orders, Summary Judgment, Compliance With Court Orders, Procedural Fairness
Defamation Harassment Privacy Data Protection Civil Procedure Strike Out of Defence Relief From Sanctions Unless Orders +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Simon Bard Parkes

Claimant

Toby Hall

1st Defendant

Stephen Earnshaw aka Amora Steve Melchizadek

2nd Defendant

Procedural Posture

Civil (defamation, Harassment, Privacy, Data Protection) / Application Hearing on Strike Out, Summary Judgment, Relief From Sanctions, and Related Orders

Legal Issues

  1. 1 Whether the Defendants complied with the Unless Order of 8 June 2021
  2. 2 Whether extensions of time should be granted to the Defendants
  3. 3 Whether relief from sanctions should be granted for non-compliance

Ratio Decidendi

Both Defendants failed to comply with the Master's Unless Order of 8 June 2021 as to the required schedules (paragraph 2), and the 1st Defendant also failed to comply with the required undertaking (paragraph 4). The breaches were serious and significant, with no adequate explanation. Relief from sanctions and further extensions of time were refused. The Defences were struck out automatically per the Unless Order.

Court Disposition

Defences of both Defendants struck out for non-compliance with Unless Order; applications for extension of time and relief from sanctions refused.

Orders

  • Defences of both Defendants struck out
  • Judgment to be entered for the Claimant