Pirtek (UK) Ltd v Jackson [2018] EWHC 2030 (QB) (31 July 2018)

Pirtek (UK) Ltd v Jackson [2018] EWHC 2030 (QB) (31 July 2018)

The Defendant was properly served by alternative means and had actual or constructive knowledge of the proceedings; his explanations for non-attendance and lack of knowledge were not credible. He was responsible for the website and publications. There was no good reason to set aside or re-hear the default judgment or committal order. The court had jurisdiction.

Citation
[2018] EWHC 2030 (QB)
Parties
Claimant: Pirtek (UK) Limited; Defendant: Robert Jackson
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Libel Proceedings (defamation) / Application to Set Aside Default Judgment and Committal for Contempt; Hearing of Re Hearing Application
Outcome
Applications to set aside or re-hear default judgment and committal order dismissed; default judgment and committal order stand.
Legal Topics
Libel, Service of Process, Default Judgment, Committal for Contempt, Jurisdiction, CPR 23.11, CPR 39.3, Defamation Act 2013 S.10
Defamation Civil Procedure Contempt of Court Libel Service of Process Default Judgment Committal for Contempt Jurisdiction +3 more

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Parties

Pirtek (UK) Limited

Claimant

Robert Jackson

Defendant

Procedural Posture

Libel Proceedings (defamation) / Application to Set Aside Default Judgment and Committal for Contempt; Hearing of Re Hearing Application

Legal Issues

  1. 1 Whether the Defendant was properly served and had knowledge of the proceedings
  2. 2 Whether the default judgment and committal order should be set aside or re-heard
  3. 3 Whether the Defendant was responsible for the defamatory website and publications

Ratio Decidendi

The Defendant was properly served by alternative means and had actual or constructive knowledge of the proceedings; his explanations for non-attendance and lack of knowledge were not credible. He was responsible for the website and publications. There was no good reason to set aside or re-hear the default judgment or committal order. The court had jurisdiction.

Court Disposition

Applications to set aside or re-hear default judgment and committal order dismissed; default judgment and committal order stand.

Orders

  • Default judgment for libel stands: damages £10,000, costs £53,560, injunction against further publication.
  • Committal for contempt stands for breaches of injunction.