Triad Group Plc & Ors v Makar (Rev 1) [2019] EWHC 423 (QB) (27 February 2019)

Triad Group Plc & Ors v Makar (Rev 1) [2019] EWHC 423 (QB) (27 February 2019)

The Defendant was properly served and is aware of the proceedings but failed to file an acknowledgment of service or defence. The evidence establishes repeated breaches of the 2006 settlement agreement, a course of conduct amounting to harassment, and publication of defamatory statements. The Claimants are entitled to judgment in default, injunctive relief, and, for the Second and Third Claimants, damages to be assessed.

Citation
[2019] EWHC 423
Parties
Claimant: Triad Group PLC; Claimant: Nicholas Edmund Burrows; Claimant: Alistair McIntyre Fulton; Defendant: Mira Makar
Jurisdiction
England and Wales
Judgment Date
27 February 2019
Procedural Posture
Civil / Judgment in Default
Outcome
Judgment for Claimants in default; injunctive relief granted; damages to be assessed; costs awarded to Claimants.
Legal Topics
Default Judgment, Injunction, Breach of Settlement Agreement, Protection From Harassment Act 1997, Defamation, Service of Process
Contract Tort Defamation Harassment Default Judgment Injunction Breach of Settlement Agreement Protection From Harassment Act 1997 +1 more

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Parties

Triad Group PLC

Claimant

Nicholas Edmund Burrows

Claimant

Alistair McIntyre Fulton

Claimant

Mira Makar

Defendant

Procedural Posture

Civil / Judgment in Default

Legal Issues

  1. 1 Whether the Defendant was properly served and aware of the proceedings
  2. 2 Whether the Defendant breached the 2006 settlement agreement
  3. 3 Whether the Defendant's conduct amounted to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The Defendant was properly served and is aware of the proceedings but failed to file an acknowledgment of service or defence. The evidence establishes repeated breaches of the 2006 settlement agreement, a course of conduct amounting to harassment, and publication of defamatory statements. The Claimants are entitled to judgment in default, injunctive relief, and, for the Second and Third Claimants, damages to be assessed.

Court Disposition

Judgment for Claimants in default; injunctive relief granted; damages to be assessed; costs awarded to Claimants.

Orders

  • Judgment entered for Claimants on all claims
  • Injunctive relief restraining Defendant from making defamatory statements and from harassment