Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 2161 (QB) (03 July 2014)
The 1st Defendant's explanations for default were unconvincing, he lied to the court and solicitors, and failed to comply with other directions; relief from sanctions was refused. The 3rd Defendant, though his evidence was questionable, made some effort to comply and as a litigant in person seeking to defend against an injunction, relief from sanctions was granted.
- Citation
- [2014] EWHC 2161 (QB)
- Parties
- Claimant: ReachLocal UK Ltd; Claimant: ReachLocal Europe BV; Defendant: Jamie Bennett; Defendant: Craig Anderson; Defendant: Hardeep Singh Khabra; Defendant: Tracy Vennard; Defendant: Your Online Digital Agency Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 03 July 2014
- Procedural Posture
- Application for Relief From Sanctions / Post Default Judgment Application
- Outcome
- The 1st Defendant's application for relief from sanctions is refused; the 3rd Defendant's application is allowed.
- Legal Topics
- Relief From Sanctions, Default Judgment, Freedom of Expression, Compliance With Court Orders, Litigants in Person
Case Brief
Summary, issues, holding and outcome
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Parties
ReachLocal UK Ltd
Claimant
ReachLocal Europe BV
Claimant
Jamie Bennett
Defendant
Craig Anderson
Defendant
Hardeep Singh Khabra
Defendant
Tracy Vennard
Defendant
Your Online Digital Agency Ltd
Defendant
Procedural Posture
Application for Relief From Sanctions / Post Default Judgment Application
Legal Issues
- 1 Whether the 1st and 3rd Defendants should be granted relief from sanctions for failing to serve defences within court deadlines
- 2 Whether the circumstances justify lifting the debarring order against the Defendants
Ratio Decidendi
The 1st Defendant's explanations for default were unconvincing, he lied to the court and solicitors, and failed to comply with other directions; relief from sanctions was refused. The 3rd Defendant, though his evidence was questionable, made some effort to comply and as a litigant in person seeking to defend against an injunction, relief from sanctions was granted.
Court Disposition
The 1st Defendant's application for relief from sanctions is refused; the 3rd Defendant's application is allowed.
Orders
- The 1st Defendant remains debarred from defending the action by order of Tugendhat J.
- The 3rd Defendant is relieved from the sanction of a debarring order and may defend the action.
Full Case Text
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