Mole v Hunter [2014] EWHC 658 (QB) (27 March 2014)

Mole v Hunter [2014] EWHC 658 (QB) (27 March 2014)

Default judgment set aside because claimant was not at fault for default, had real prospect of defending, and counterclaim was defective and insufficiently particularised; counterclaim struck out unless amended to comply with pleading requirements.

Citation
[2014] EWHC 658
Parties
Claimant: Susannah Mole; Defendant: Angela Hunter
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Defamation Counterclaim in Tenancy Dispute / Application to Set Aside Default Judgment; Strike Out Counterclaim
Outcome
Default judgment set aside; counterclaim struck out unless amended
Legal Topics
Default Judgment, Counterclaim, Qualified Privilege, Internet Publication, Relief From Sanctions, Pleading Requirements
Defamation Civil Procedure Landlord and Tenant Default Judgment Counterclaim Qualified Privilege Internet Publication Relief From Sanctions +1 more

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Parties

Susannah Mole

Claimant

Angela Hunter

Defendant

Procedural Posture

Defamation Counterclaim in Tenancy Dispute / Application to Set Aside Default Judgment; Strike Out Counterclaim

Legal Issues

  1. 1 Whether default judgment should be set aside
  2. 2 Whether counterclaim for defamation complies with CPR and Practice Direction 53
  3. 3 Whether defendant has real prospect of defending counterclaim

Ratio Decidendi

Default judgment set aside because claimant was not at fault for default, had real prospect of defending, and counterclaim was defective and insufficiently particularised; counterclaim struck out unless amended to comply with pleading requirements.

Court Disposition

Default judgment set aside; counterclaim struck out unless amended

Orders

  • Application to set aside default judgment granted
  • Counterclaim struck out unless amended to comply with CPR and Practice Direction 53