Andresen & Anor v Lovell [2009] EWHC 3397 (QB) (21 December 2009)

Andresen & Anor v Lovell [2009] EWHC 3397 (QB) (21 December 2009)

The First Claimant's allegations did not disclose a cause of action for harassment, and there was material non-disclosure and misleading evidence in the application for ex parte relief. The injunction was set aside and the claim struck out as disclosing no cause of action.

Citation
[2009] EWHC 3397
Parties
Claimant: Jenny Andresen; Claimant: Anne Andresen; Defendant: Paul Lovell
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Civil (protection From Harassment Act 1997) / Application to Strike Out Claim and Set Aside Interim Injunction
Outcome
Claim struck out; injunction set aside
Legal Topics
Injunctions, Ex Parte Relief, Disclosure Obligations, Harassment, Costs
Civil Procedure Family Law Harassment Injunctions Ex Parte Relief Disclosure Obligations Costs

Case Brief

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Parties

Jenny Andresen

Claimant

Anne Andresen

Claimant

Paul Lovell

Defendant

Procedural Posture

Civil (protection From Harassment Act 1997) / Application to Strike Out Claim and Set Aside Interim Injunction

Legal Issues

  1. 1 Whether the First Claimant disclosed a cause of action for harassment under the Protection from Harassment Act 1997
  2. 2 Whether the interim injunction should be set aside for non-disclosure or lack of frankness
  3. 3 Whether the Second Claimant is entitled to injunctive relief

Ratio Decidendi

The First Claimant's allegations did not disclose a cause of action for harassment, and there was material non-disclosure and misleading evidence in the application for ex parte relief. The injunction was set aside and the claim struck out as disclosing no cause of action.

Court Disposition

Claim struck out; injunction set aside

Orders

  • The claim of the First Claimant is struck out as disclosing no cause of action.
  • The interim injunction of 17 August is set aside for non-disclosure and lack of frankness.