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 Defendant had a real prospect of defending on limitation grounds, the claim was statute-barred, the Claimant had no title to sue until annulment of bankruptcy, and the claims were frivolous, vexatious, and lacking in merit.

Citation
[2007] EWHC 2788 (QB)
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 and Related Applications
Outcome
Default judgment set aside; claim struck out; extended civil restraint order imposed; order for payment into court discharged; money in court to be paid out to Defendant.
Legal Topics
Default Judgment, Limitation Periods, Trespass to Land, Trespass to Goods, Breach of Confidence, Bankruptcy Estate, Civil Restraint Orders
Civil Procedure Tort Bankruptcy Default Judgment Limitation Periods 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 and Related Applications

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 or the cause of action vested in the Trustee in Bankruptcy

Ratio Decidendi

The claim was struck out and default judgment set aside because the Defendant had a real prospect of defending on limitation grounds, the claim was statute-barred, the Claimant had no title to sue until annulment of bankruptcy, and the claims were frivolous, vexatious, and lacking in merit.

Court Disposition

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

Orders

  • Default judgment of 3 November 2006 set aside.
  • Claim struck out as statute-barred and totally without merit.