Kerner v WX & Anor [2015] EWHC 178 (QB) (29 January 2015)

Kerner v WX & Anor [2015] EWHC 178 (QB) (29 January 2015)

The injunction should be continued as the need persists, but the claimant must undertake to apply for directions if the defendants cannot be traced within three months, to ensure active case management and prevent the interim order from becoming permanent by default.

Citation
[2015] EWHC 178
Parties
Claimant: Katherine Elizabeth Kerner; Represented Child: Jack Robert Michael Kerner; Defendant: WX; Defendant: YZ
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Injunction Application / Return Date Hearing on Continuation of Interim Injunction
Outcome
Interim injunction continued until trial or further order, subject to undertakings by the claimant.
Legal Topics
Interim Injunctions, Persons Unknown, Case Management, Harassment, Service of Proceedings
Civil Procedure Privacy Law Harassment Interim Injunctions Persons Unknown Case Management Service of Proceedings

Case Brief

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Parties

Katherine Elizabeth Kerner

Claimant

Jack Robert Michael Kerner

Represented Child

WX

Defendant

YZ

Defendant

Procedural Posture

Injunction Application / Return Date Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction restraining harassment should be continued against persons unknown
  2. 2 What case management steps are appropriate when defendants remain unidentified

Ratio Decidendi

The injunction should be continued as the need persists, but the claimant must undertake to apply for directions if the defendants cannot be traced within three months, to ensure active case management and prevent the interim order from becoming permanent by default.

Court Disposition

Interim injunction continued until trial or further order, subject to undertakings by the claimant.

Orders

  • Injunction restraining harassment to continue until trial or further order.
  • Claimant to renew undertakings in damages and to keep third parties informed of claim progress.