James Wilson v James Mendelsohn & Ors
[2024] EWHC 821 (KB)
Alan McGee v Katie Lewis
17 July 2023
[2023] EWHC 1813 (KB)
High Court
A singer accused a music executive of bad things online. The executive sued, and because the singer didn't respond, the judge ruled in the executive's favor, stopping the singer from making those accusations online and making the singer pay the executive's legal fees.
Key Facts
- •Alan McGee (Claimant), a music industry executive, sued Katie Lewis (Defendant), a singer-songwriter, for harassment, libel, and misuse of private information.
- •The dispute stemmed from Lewis's social media posts accusing McGee of sexual and other misconduct, which McGee vehemently denies.
- •Lewis failed to respond to the claim or attend the hearing.
- •McGee applied for a default judgment under Part 12 of the Civil Procedure Rules.
- •The court considered the Human Rights Act 1998, Section 12, regarding freedom of expression.
Legal Principles
Default judgment can be granted if a defendant fails to file an acknowledgment of service or defense, and the time for doing so has expired.
CPR 12.3
In default judgment applications, the court must give the claimant the judgment they are entitled to based on their statement of case.
CPR 12.12(1)
The court should assess whether the claimant is entitled to the default judgment sought, considering if the pleaded facts support the cause of action.
Glenn v Kline [2020] EWHC 3182 (QB) at [24]-[27]
A court may proceed in a defendant's absence if the applicant failed to attend the hearing; however, this must be compatible with the overriding objective of doing justice.
CPR 23.11, Pirtek (UK) Limited v Robert Jackson [2017] EWHC 2834 (QB)
Section 12 of the Human Rights Act 1998 limits the court's discretion in cases affecting freedom of expression, requiring notification of the respondent or compelling reasons for non-notification if the respondent is absent.
Human Rights Act 1998, Section 12
A court can set aside a default judgment if the defendant has a real prospect of successfully defending the claim or there is another good reason.
CPR 13.3
Outcomes
Default judgment granted to McGee.
Lewis failed to engage with the proceedings despite proper notification. The court found McGee's claim adequately pleaded and not 'unreal'.
Injunctive relief granted, restraining Lewis from publishing the specific defamatory and private information.
McGee's primary concern was to stop Lewis's publications; monetary compensation was insufficient. The court deemed there was a sufficient prospect Lewis would continue the allegations without restraint.
Lewis ordered to pay McGee's legal costs.
McGee was the successful party, and there was no reason to depart from the general rule that the unsuccessful party pays costs. The high cost was attributed to Lewis's non-engagement and the volume of social media posts.