De Giovanni v Kehoe & Ors [2026] EWHC 1136 (KB) (13 May 2026)

De Giovanni v Kehoe & Ors [2026] EWHC 1136 (KB) (13 May 2026)

Default judgment in the County Court claim was set aside due to invalid service and lack of evidence that the address used was the defendant's last known residence. The County Court claim was struck out as an abuse of process for duplicative proceedings and improper use of the court process. The High Court claim was not dismissed under CPR 7.7 as the claimant intended to pursue it, but the court granted the defendants' jurisdictional challenge and set aside the claim form due to failure to serve within the required period.

Citation
[2026] EWHC 1136 (KB)
Parties
Claimant: Claudio De Giovanni; Defendant: Cormac Kehoe; Defendant: Joshi Herrmann; Defendant: The Millers Publishing Company Limited (described as Mill Media Limited)
Jurisdiction
England and Wales
Judgment Date
13 May 2026
Procedural Posture
Defamation / Judgment on Applications to Set Aside Default Judgment, Strike Out Claim, Dismiss for Non Compliance, and Jurisdictional Challenge
Outcome
County Court claim: default judgment set aside and claim struck out as abuse of process. High Court claim: defendants' jurisdictional challenge and extension of time granted, claim form set aside, application to dismiss for CPR 7.7 non-compliance refused.
Legal Topics
Default Judgment, Service of Process, Abuse of Process, Jurisdiction, Strike Out Applications
Defamation Civil Procedure Default Judgment Service of Process Abuse of Process Jurisdiction Strike Out Applications

Case Brief

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Parties

Claudio De Giovanni

Claimant

Cormac Kehoe

Defendant

Joshi Herrmann

Defendant

The Millers Publishing Company Limited (described as Mill Media Limited)

Defendant

Procedural Posture

Defamation / Judgment on Applications to Set Aside Default Judgment, Strike Out Claim, Dismiss for Non Compliance, and Jurisdictional Challenge

Legal Issues

  1. 1 Whether default judgment in the County Court claim should be set aside for invalid service
  2. 2 Whether the County Court claim should be struck out as an abuse of process
  3. 3 Whether the High Court claim should be dismissed for failure to comply with CPR 7.7 notice

Ratio Decidendi

Default judgment in the County Court claim was set aside due to invalid service and lack of evidence that the address used was the defendant's last known residence. The County Court claim was struck out as an abuse of process for duplicative proceedings and improper use of the court process. The High Court claim was not dismissed under CPR 7.7 as the claimant intended to pursue it, but the court granted the defendants' jurisdictional challenge and set aside the claim form due to failure to serve within the required period.

Court Disposition

County Court claim: default judgment set aside and claim struck out as abuse of process. High Court claim: defendants' jurisdictional challenge and extension of time granted, claim form set aside, application to dismiss for CPR 7.7 non-compliance refused.

Orders

  • Default judgment in County Court claim set aside.
  • County Court claim struck out as abuse of process.