MB v RBG [2020] EWHC 3022 (QB) (17 September 2020)

MB v RBG [2020] EWHC 3022 (QB) (17 September 2020)

The default judgment was wrongly entered as the acknowledgment of service had been filed before judgment, even if late, requiring the court to set it aside under CPR 13.2. The claim disclosed no reasonable grounds, was incoherent, unparticularised, and an abuse of process, warranting strike out under CPR 3.4(2). The applications to join parties, for committal, and for a freezing injunction were all totally without merit. The claimant's persistent meritless applications justified an extended Civil Restraint Order for two years.

Citation
[2020] EWHC 3022
Parties
Claimant: MB; Defendant: RBG
Jurisdiction
England and Wales
Judgment Date
17 September 2020
Procedural Posture
Civil Claim (queen's Bench Division, High Court) / Hearing of Multiple Applications Including to Set Aside Default Judgment, Strike Out Claim, Join Parties, Committal for Contempt, Freezing Injunction, and Civil Restraint Order
Outcome
Claim struck out; default judgment set aside; all claimant's applications dismissed; extended Civil Restraint Order imposed for two years.
Legal Topics
Default Judgment, Strike Out, Civil Restraint Order (cro), Homelessness, Committal for Contempt, Freezing Injunction, Abuse of Process
Civil Procedure Housing Law Local Government Law Default Judgment Strike Out Civil Restraint Order (cro) Homelessness Committal for Contempt +2 more

Case Brief

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Parties

MB

Claimant

RBG

Defendant

Procedural Posture

Civil Claim (queen's Bench Division, High Court) / Hearing of Multiple Applications Including to Set Aside Default Judgment, Strike Out Claim, Join Parties, Committal for Contempt, Freezing Injunction, and Civil Restraint Order

Legal Issues

  1. 1 Whether default judgment should be set aside under CPR 13.2 or 13.3
  2. 2 Whether the claim discloses any reasonable grounds and should be struck out under CPR 3.4(2)
  3. 3 Whether additional parties should be joined

Ratio Decidendi

The default judgment was wrongly entered as the acknowledgment of service had been filed before judgment, even if late, requiring the court to set it aside under CPR 13.2. The claim disclosed no reasonable grounds, was incoherent, unparticularised, and an abuse of process, warranting strike out under CPR 3.4(2). The applications to join parties, for committal, and for a freezing injunction were all totally without merit. The claimant's persistent meritless applications justified an extended Civil Restraint Order for two years.

Court Disposition

Claim struck out; default judgment set aside; all claimant's applications dismissed; extended Civil Restraint Order imposed for two years.

Orders

  • Default judgment set aside
  • Claim struck out as totally without merit