Bourne v Nejad

Bourne v Nejad

The Defendant was properly served, failed to acknowledge service or defend, and the evidence establishes he published defamatory statements and engaged in harassment. The court has jurisdiction under s.10 of the Defamation Act 2013. Default judgment is granted, and a final injunction is issued in the same terms as the interim injunction. Costs are awarded to the Claimant.

Parties
Claimant: Martin John Bourne; Defendant: Hamed Ahmadi Nejad
Jurisdiction
England and Wales
Judgment Date
07 October 2019
Procedural Posture
Civil / Judgment in Default
Outcome
Default judgment granted for the Claimant.
Legal Topics
Libel, Protection From Harassment, Default Judgment, Jurisdiction, Costs
Defamation Harassment Civil Procedure Libel Protection From Harassment Default Judgment Jurisdiction Costs

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Parties

Martin John Bourne

Claimant

Hamed Ahmadi Nejad

Defendant

Procedural Posture

Civil / Judgment in Default

Legal Issues

  1. 1 Whether the Defendant published defamatory statements about the Claimant
  2. 2 Whether the Defendant engaged in harassment of the Claimant
  3. 3 Whether the court has jurisdiction under s.10 of the Defamation Act 2013

Ratio Decidendi

The Defendant was properly served, failed to acknowledge service or defend, and the evidence establishes he published defamatory statements and engaged in harassment. The court has jurisdiction under s.10 of the Defamation Act 2013. Default judgment is granted, and a final injunction is issued in the same terms as the interim injunction. Costs are awarded to the Claimant.

Court Disposition

Default judgment granted for the Claimant.

Orders

  • Final injunction restraining the Defendant from publishing specified defamatory words or similar statements about the Claimant.
  • Final injunction restraining the Defendant from harassing the Claimant.