lundi 28 septembre 2020

Advice - default in judgment - what happens

Good morning All,

I have been dealing with a data breach case which I have put together and submitted to the courts. Claim is for distress from data breach.

The case involved a CCTV breach were the defendants CCTV was moved to photograph me and my family (surveillance 24/7) I obtained a copy of the footage and had the evidence to take the two defendants to court.

One defendant denied everything - the other sent a 200 page file which was supposed to be a defence which the court refused to accept.

The 2nd defendant did not submit a valid defence (Courts words not mine) - then failed to acknowledge the claim - did not even take time to contact me.

As a result I got a default judgment - damages decided by the court. So a District Judge has the file.

What I would like help with is this...

The 2nd defendant would now have to pay up - or ask for the judgment to be set aside (Cost £255.00 ? + legal costs). I will challenge at a hearing if they ask to set aside. Dont believe they have a defence !

Does anyone know what happens to the 1st defendant ? what if the case goes to a hearing ? I dont want the case to let the 1st defendant off the hook as they are probably as guilty as the 2nd defendant ..

Will the judge look at the first defendants defence when awarding damages ?

Just unsure as I have two defendants in my book I dont think they will be having to much luck with defending the claim at all.

Any comments would help thank you,

Best ...

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