Hayden & Anor v Charlton

Hayden & Anor v Charlton

The claimants' deliberate, repeated, and unexplained non-compliance with court orders and procedural rules, resulting in serious delay, prejudice, and oppression to the defendants, justified striking out the actions under CPR 3.4(2)(c); the claimants' conduct amounted to abuse of process and the continuation of the actions was not in the interests of justice.

Parties
Claimant: Richard Hayden; Claimant: Rayden Engineering Limited; Defendant: Diane Charlton; Defendant: Mike Carver
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Civil / Final Judgment
Outcome
claims struck out, judgment for defendants
Legal Topics
Libel, Case Management, Striking Out, Mode of Trial, Costs, Delay, Abuse of Process
Defamation Civil Procedure Libel Case Management Striking Out Mode of Trial Costs Delay +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Hayden

Claimant

Rayden Engineering Limited

Claimant

Diane Charlton

Defendant

Mike Carver

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the claimants' actions should be struck out for deliberate and wholesale non-compliance with court orders and civil procedure rules
  2. 2 Whether the defendants are entitled to trial by jury
  3. 3 Whether the claimants' conduct amounts to abuse of process

Ratio Decidendi

The claimants' deliberate, repeated, and unexplained non-compliance with court orders and procedural rules, resulting in serious delay, prejudice, and oppression to the defendants, justified striking out the actions under CPR 3.4(2)(c); the claimants' conduct amounted to abuse of process and the continuation of the actions was not in the interests of justice.

Court Disposition

claims struck out, judgment for defendants

Orders

  • Actions for libel against Diane Charlton and Mike Carver struck out.
  • Judgment entered for the defendants.