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

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

The injunction restraining harassment should be continued, but the claimant must undertake to apply for directions if defendants cannot be traced within three months, to prevent the interim order from becoming permanent by default.

Citation
[2015] EWHC 178 (QB)
Parties
Claimant: Katherine Elizabeth Kerner; Represented Party (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
Outcome
injunction continued
Legal Topics
Injunctions Against Persons Unknown, Active Case Management, Harassment, Interim Orders
Civil Procedure Privacy Harassment Injunctions Against Persons Unknown Active Case Management Interim Orders

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Parties

Katherine Elizabeth Kerner

Claimant

Jack Robert Michael Kerner

Represented Party (child)

WX

Defendant

YZ

Defendant

Procedural Posture

Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Should the interim injunction restraining harassment be continued against persons unknown?
  2. 2 What case management steps are appropriate when defendants cannot be identified or served?

Ratio Decidendi

The injunction restraining harassment should be continued, but the claimant must undertake to apply for directions if defendants cannot be traced within three months, to prevent the interim order from becoming permanent by default.

Court Disposition

injunction continued

Orders

  • The injunction is continued until trial or further order.
  • The claimant must renew undertakings in damages and to keep third parties informed.