Bourne v Nejad [2019] EWHC 2605 (QB) (07 October 2019)

Bourne v Nejad [2019] EWHC 2605 (QB) (07 October 2019)

The Defendant was properly served, failed to acknowledge service or defend, and the uncontested evidence established publication of defamatory material and harassment. The Claimant was entitled to default judgment and a final injunction in the terms sought, with costs assessed.

Citation
[2019] EWHC 2605
Parties
Claimant: Martin John Bourne; Defendant: Hamed Ahmadi Nejad
Jurisdiction
England and Wales
Judgment Date
07 October 2019
Procedural Posture
Civil Defamation and Harassment / Application for Default Judgment and Final Injunction
Outcome
Default judgment granted for the Claimant. Final injunction and costs awarded.
Legal Topics
Default Judgment, Final Injunction, Service of Process, Jurisdiction Under Defamation Act 2013, Protection From Harassment Act 1997, Costs Assessment
Defamation Harassment Civil Procedure Default Judgment Final Injunction Service of Process Jurisdiction Under Defamation Act 2013 Protection From Harassment Act 1997 +1 more

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Parties

Martin John Bourne

Claimant

Hamed Ahmadi Nejad

Defendant

Procedural Posture

Civil Defamation and Harassment / Application for Default Judgment and Final Injunction

Legal Issues

  1. 1 Whether the conditions for default judgment are met under CPR 12
  2. 2 Whether the court has jurisdiction under s.10 Defamation Act 2013
  3. 3 Whether the pleaded facts disclose good causes of action for libel and harassment

Ratio Decidendi

The Defendant was properly served, failed to acknowledge service or defend, and the uncontested evidence established publication of defamatory material and harassment. The Claimant was entitled to default judgment and a final injunction in the terms sought, with costs assessed.

Court Disposition

Default judgment granted for the Claimant. Final injunction and costs awarded.

Orders

  • Final injunction restraining the Defendant from publishing specified defamatory words or similar statements about the Claimant and from harassing the Claimant.
  • Defendant to pay the Claimant's costs, summarily assessed at £27,750.