Bell v Brown [2007] EWHC 2788 (QB) (29 November 2007)

Bell v Brown [2007] EWHC 2788 (QB) (29 November 2007)

The claim was struck out and default judgment set aside because the claims were statute-barred, the claimant had no real prospect of defeating the limitation defence, and the claims were frivolous and vexatious. The claimant's applications and statement of case were totally without merit, justifying an extended civil restraint order.

Citation
[2007] EWHC 2788
Parties
Claimant: Philip Graham Bell; Defendant: Eric Brown
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Civil / Application to Set Aside Default Judgment; Applications to Strike Out Claim and for Ancillary Orders
Outcome
Claim struck out; default judgment set aside; extended civil restraint order imposed; order for payment into court discharged; money in court to be paid to Defendant.
Legal Topics
Default Judgment, Limitation of Actions, Trespass to Land, Trespass to Goods, Breach of Confidence, Bankruptcy and Insolvency, Civil Restraint Orders
Civil Procedure Tort Bankruptcy Default Judgment Limitation of Actions Trespass to Land Trespass to Goods Breach of Confidence +2 more

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Parties

Philip Graham Bell

Claimant

Eric Brown

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment; Applications to Strike Out Claim and for Ancillary Orders

Legal Issues

  1. 1 Whether default judgment should be set aside under CPR 13.3
  2. 2 Whether the claim is statute-barred by limitation
  3. 3 Whether the claimant had title to sue given bankruptcy

Ratio Decidendi

The claim was struck out and default judgment set aside because the claims were statute-barred, the claimant had no real prospect of defeating the limitation defence, and the claims were frivolous and vexatious. The claimant's applications and statement of case were totally without merit, justifying an extended civil restraint order.

Court Disposition

Claim struck out; default judgment set aside; extended civil restraint order imposed; order for payment into court discharged; money in court to be paid to Defendant.

Orders

  • Default judgment set aside
  • Claim struck out as statute-barred and totally without merit