Glenn v Kline

Glenn v Kline

The defendant was validly served and failed to file an Acknowledgement of Service or Defence within the required time. The pleaded facts, taken as established, disclosed viable claims for defamation and harassment. The claimant was entitled to default judgment and a final injunction restraining further defamatory publication and harassment. The defendant's grounds for adjournment were unpersuasive and did not justify delay. The terms of the injunction would be finalised to ensure clarity and proportionality.

Parties
Claimant: Martin Glenn; Defendant: Craig Kline
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Civil Defamation and Harassment / Judgment on Application for Default Judgment
Outcome
Default judgment granted for the claimant. Final injunction to be granted in appropriate terms. Assessment of damages and order for publication of summary judgment adjourned.
Legal Topics
Default Judgment, Injunctions, Service of Process, Freedom of Expression, Damages, Summary Judgment
Defamation Harassment Civil Procedure Default Judgment Injunctions Service of Process Freedom of Expression Damages +1 more

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Parties

Martin Glenn

Claimant

Craig Kline

Defendant

Procedural Posture

Civil Defamation and Harassment / Judgment on Application for Default Judgment

Legal Issues

  1. 1 Whether the conditions for default judgment are met under CPR 12
  2. 2 Whether the claimant is entitled to a final injunction restraining further defamatory publication and harassment
  3. 3 Whether the court should adjourn the hearing due to the defendant's circumstances

Ratio Decidendi

The defendant was validly served and failed to file an Acknowledgement of Service or Defence within the required time. The pleaded facts, taken as established, disclosed viable claims for defamation and harassment. The claimant was entitled to default judgment and a final injunction restraining further defamatory publication and harassment. The defendant's grounds for adjournment were unpersuasive and did not justify delay. The terms of the injunction would be finalised to ensure clarity and proportionality.

Court Disposition

Default judgment granted for the claimant. Final injunction to be granted in appropriate terms. Assessment of damages and order for publication of summary judgment adjourned.

Orders

  • Judgment in default entered for the claimant against the defendant.
  • Permanent injunction to restrain the defendant from publishing or causing to be published the same or similar defamatory allegations and from pursuing conduct amounting to harassment of the claimant (final terms to be determined).