Day v Bryant (declaratory relief - costs - QOCS) [2018] EWHC 158 (QB) (31 January 2018)

Day v Bryant (declaratory relief - costs - QOCS) [2018] EWHC 158 (QB) (31 January 2018)

The claimant's claim was struck out for abuse of process due to persistent non-compliance and absence; the defendant is entitled to declaratory relief denying the allegations, as justice requires factual resolution and vindication. The QOCS regime does not protect the claimant from costs orders in these circumstances.

Citation
[2018] EWHC 158
Parties
Claimant: Mr Daniel Joseph Day; Defendant: Mr David Bryant
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Civil Claim and Counterclaim / Post Trial Judgment
Outcome
Claimant's claim struck out for abuse of process; defendant's counterclaim for declaratory relief granted.
Legal Topics
Declaratory Relief, Qualified One Way Costs Shifting (qocs), Strike Out, Abuse of Process, Historic Child Sex Abuse
Civil Procedure Personal Injury Abuse of Process Declaratory Relief Qualified One Way Costs Shifting (qocs) Strike Out Historic Child Sex Abuse

Case Brief

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Parties

Mr Daniel Joseph Day

Claimant

Mr David Bryant

Defendant

Procedural Posture

Civil Claim and Counterclaim / Post Trial Judgment

Legal Issues

  1. 1 Whether declaratory relief should be granted to the defendant after the claimant's claim was struck out for abuse of process
  2. 2 Whether the defendant is entitled to factual declarations denying the claimant's allegations
  3. 3 Whether the QOCS regime protects the claimant from costs orders after strike out for abuse of process

Ratio Decidendi

The claimant's claim was struck out for abuse of process due to persistent non-compliance and absence; the defendant is entitled to declaratory relief denying the allegations, as justice requires factual resolution and vindication. The QOCS regime does not protect the claimant from costs orders in these circumstances.

Court Disposition

Claimant's claim struck out for abuse of process; defendant's counterclaim for declaratory relief granted.

Orders

  • Factual declarations granted in favour of the defendant denying the claimant's allegations of historic sexual abuse.
  • Costs order made against the claimant, enforceable despite QOCS due to abuse of process.