Glenn v Kline [2020] EWHC 3182 (QB) (25 November 2020)

Glenn v Kline [2020] EWHC 3182 (QB) (25 November 2020)

Default judgment was granted because the Defendant was validly served, failed to file an Acknowledgement of Service or Defence, and the pleaded facts disclosed viable claims for defamation and harassment. The Defendant's grounds for adjournment were rejected as unpersuasive. The Claimant was entitled to an injunction restraining further defamatory publications, with the terms to be finalised, and damages to be assessed at a later hearing.

Citation
[2020] EWHC 3182 (QB)
Parties
Claimant: Martin Glenn; Defendant: Craig Kline
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Civil Defamation and Harassment / Default Judgment Application and Remedies
Outcome
Judgment for the Claimant in default of Acknowledgement of Service and Defence.
Legal Topics
Default Judgment, Injunctions, Service of Process, Freedom of Expression, Damages Assessment
Defamation Harassment Civil Procedure Default Judgment Injunctions Service of Process Freedom of Expression Damages Assessment

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Parties

Martin Glenn

Claimant

Craig Kline

Defendant

Procedural Posture

Civil Defamation and Harassment / Default Judgment Application and Remedies

Legal Issues

  1. 1 Whether default judgment should be granted for failure to file Acknowledgement of Service
  2. 2 Whether an injunction should be granted to restrain further defamatory publications and harassment
  3. 3 Appropriate remedies following default judgment

Ratio Decidendi

Default judgment was granted because the Defendant was validly served, failed to file an Acknowledgement of Service or Defence, and the pleaded facts disclosed viable claims for defamation and harassment. The Defendant's grounds for adjournment were rejected as unpersuasive. The Claimant was entitled to an injunction restraining further defamatory publications, with the terms to be finalised, and damages to be assessed at a later hearing.

Court Disposition

Judgment for the Claimant in default of Acknowledgement of Service and Defence.

Orders

  • Final injunction to restrain further defamatory publications and harassment (terms to be finalised)
  • Assessment of damages adjourned to a later hearing