Kerner v WX & Anor

Kerner v WX & Anor

The injunction should be continued as the need persists, but the claimant must undertake to apply for directions if unable to trace defendants within three months, ensuring the case does not remain dormant indefinitely.

Parties
Claimant: Katherine Elizabeth Kerner; Represented Party: 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, Interim Orders
Civil Procedure Privacy Harassment Injunctions Against Persons Unknown Active Case Management Interim Orders

Case Brief

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Parties

Katherine Elizabeth Kerner

Claimant

Jack Robert Michael Kerner

Represented Party

WX

Defendant

YZ

Defendant

Procedural Posture

Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Whether the interim injunction restraining harassment should be continued against persons unknown
  2. 2 How to manage proceedings when defendants cannot be identified or served

Ratio Decidendi

The injunction should be continued as the need persists, but the claimant must undertake to apply for directions if unable to trace defendants within three months, ensuring the case does not remain dormant indefinitely.

Court Disposition

injunction continued

Orders

  • Injunctions granted on 22 January 2015 to restrain harassment are continued until trial or further order.
  • Claimant must renew undertakings in damages and to keep third parties informed.