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 conduct constituted abuse of process, justifying strike out of the claim and enforcement of costs. The defendant is entitled to factual declarations denying the allegations, as the court finds on the balance of probabilities that the claimant's allegations are untrue and unsupported by credible evidence. Declaratory relief serves a useful purpose in vindicating the defendant given the seriousness of the allegations and the claimant's procedural default.

Citation
[2018] EWHC 158 (QB)
Parties
Claimant: Mr Daniel Joseph Day; Defendant: Mr David Bryant
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Civil Claim for Damages and Declaratory Relief / Post Trial Judgment on Counterclaim; Main Claim Struck Out
Outcome
Defendant's counterclaim succeeds; factual declarations granted denying claimant's allegations. Claimant's main claim struck out for abuse of process. Costs order enforced against claimant.
Legal Topics
Declaratory Relief, Qualified One Way Costs Shifting (qocs), Abuse of Process, Strike Out, Historic Child Sex Abuse
Civil Procedure Personal Injury Defamation Declaratory Relief Qualified One Way Costs Shifting (qocs) Abuse of Process 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 for Damages and Declaratory Relief / Post Trial Judgment on Counterclaim; Main Claim Struck Out

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 Applicability of QOCS and costs enforcement after strike out for abuse of process

Ratio Decidendi

The claimant's conduct constituted abuse of process, justifying strike out of the claim and enforcement of costs. The defendant is entitled to factual declarations denying the allegations, as the court finds on the balance of probabilities that the claimant's allegations are untrue and unsupported by credible evidence. Declaratory relief serves a useful purpose in vindicating the defendant given the seriousness of the allegations and the claimant's procedural default.

Court Disposition

Defendant's counterclaim succeeds; factual declarations granted denying claimant's allegations. Claimant's main claim struck out for abuse of process. Costs order enforced against claimant.

Orders

  • Declarations granted that defendant did not commit the alleged sexual assault.
  • Claimant's claim struck out for abuse of process.