Katherine Elizabeth Kerner (on her own behalf and in a representative capacity for Jack Robert Michael Kerner, a child) v (1) WX (2) YZ (Persons Unknown responsible for pursuing and/or taking photographs of the Claimant and her son at their home on 22 January 2015)
| Jurisdiction | England & Wales |
| Judge | Mr Justice Warby |
| Judgment Date | 29 January 2015 |
| Neutral Citation | [2015] EWHC 178 (QB) |
| Court | Queen's Bench Division |
| Date | 29 January 2015 |
[2015] EWHC 178 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Mr Justice Warby
Tim Lawson-Cruttenden (instructed by Richard Slade and Associates) for the Claimant
The defendants did not appear and were not represented
Hearing date: 29 January 2015
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
This is the return date of the injunction I granted upon the claimant's application of 22 January 2015, to restrain persons unknown from harassing her and her son. The background and reasons for granting that injunction are set out in the judgment I handed down on of 27 January 2015, [2015] EWHC 128 (QB). The claimant now applies for that injunction to be continued.
The claimant has made a further witness statement explaining the steps she has taken since the grant of the injunction, in compliance with undertakings she gave the court, to attempt to identify the defendants. She has given notice of the injunction to three newspaper groups, none of which has responded. She has contacted the DVLA in an attempt to trace the registered keeper of the car driven by one of the defendants, the registration number of which she took during the events complained of. It seems that she will have to wait up to 4 weeks for that information.
The claimant confirms that she will serve proceedings if and when she identifies a defendant but at the moment, neither defendant has been served and neither is before the court nor has either made any representations. It is far from clear that the enquiries currently under way will lead to the identification of a defendant. If they do, they may not lead to the identification of both defendants. The claimant states that if she identifies the driver she will seek to obtain from him the identity of the other defendant, but he may not co-operate.
In those circumstances I have had to consider how this case should be managed at this stage: what form of order is appropriate at this stage, and what if any steps should be required of the claimant, other than those she has already...
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London Borough of Barking and Dagenham v Persons Unknown
...v News Group Newspapers [2010] EWHC 3174 (QB) [13]; Gray v UVW [2010] EWHC 2367 (QB) [37]; Terry [134]–[136]).” 92 In Kerner v WX [2015] EWHC 178 (QB), as a condition of being granted an interim injunction to restrain harassment of her and her son by “Persons Unknown”, the claimant was r......
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Brett Wilson Llp v Person(s) Unknown, Responsible for the Operation and Publication of the Website www.solicitorsfromhelluk.com (Defendant(s)
...any application for interim or final relief. Kerner v XY provides an illustration of some of the difficulties: see the judgments at [2015] EWHC 178 (QB) and [2015] EWHC 1247 (QB). In the present case, however, the claimant applied on 28 July 2015, the day the claim form was issued, for pe......
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Katharine Elizabeth Kerner (on her own behalf and in a representative capacity for Jack Robert Michael Kerner, a child) v (1) WX (2) YZ (Persons Unknown responsible for pursuing and/or taking photographs of the Claimant and her son at their home on 22 January 2015)
...purpose was to ensure that the court retained control over the action and that the interim order did not by default become permanent: [2015] EWHC 178 (QB). 7 On 27 April 2015, in compliance with her undertaking, the claimant issued the application for directions which is now before me. In ......