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 and failed to respond; the uncontested particulars of claim establish that the defendant published defamatory statements and engaged in harassment; the court has jurisdiction; the claimant is entitled to a final injunction and costs.

Citation
[2019] EWHC 2605 (QB)
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
Claimant's application granted. Default judgment entered.
Legal Topics
Default Judgment, Final Injunction, Libel, Protection From Harassment, Service of Process, Jurisdiction, Costs
Defamation Harassment Civil Procedure Default Judgment Final Injunction Libel Protection From Harassment Service of Process +2 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 court should proceed in the absence of the defendant
  2. 2 Whether the requirements for default judgment are met
  3. 3 Whether the court has jurisdiction under s.10 Defamation Act 2013

Ratio Decidendi

The defendant was properly served and failed to respond; the uncontested particulars of claim establish that the defendant published defamatory statements and engaged in harassment; the court has jurisdiction; the claimant is entitled to a final injunction and costs.

Court Disposition

Claimant's application granted. Default judgment entered.

Orders

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