Warring Portsmouth driving instructors collide in court amid claims of online abuse before judge throws out case

In April Robert Hood, 55, served county court papers on Louise Berry, a self-employed driving instructor, and her husband, alleging them of harassment, defamation, perjury and posting false material on social media against Mr Hood and his sick child.

The claim was not responded to by the defendants and a default judgement was made as a result.

But Mr and Mrs Berry said they only became aware of any legal action against them when bailiffs were instructed by Mr Hood after the judgement – because the papers were sent to the wrong address.

An application to challenge the judgement and strike out the claim was then made.

And now a judge has ruled that the county court judgement against Mrs Berry and her husband Martin, of Paulsgrove, should never have been made because the court did not have jurisdiction, a judge said.

Mr Hood was struck off by the Approved Driving Instructors last year after a campaign of harassment towards Red Driving School in Portsmouth.

The defendants said they were ‘relieved’ by the verdict at Portsmouth County Court.

Mr Hood, who was suing Mr and Mrs Berry for £10,000 each, was ordered to pay £1,200 of their £1,913 legal costs.

District judge William Emerson said whether the claim was sent deliberately or not to the wrong address by Mr Hood was irrelevant as it should never have been brought in the county court.

‘The county court does not have jurisdiction to deal with cases of defamation unless prior to proceedings the parties agree the county court can deal with it. That has not happened,’ he said.

He added: ‘It’s not right for me to allow the judgement to stand. The court should not have made a judgement (previously). I strike out the claim with the reason being jurisdiction. It should have been brought in the High Court.’

Mr Hood meanwhile claimed that Mrs Berry had ‘deliberately hid her address’ and ‘knew they had been served’ and accused the couple of ‘lies’.

But their defence barrister Daniel Wright said this was ‘not true’ and accused Mr Hood of ‘refusing to engage’. The lawyer added that Mr Hood was not ‘unknown to litigation’ after a claim against Red Driving School was previously struck out.

After Mr Hood was told he had 28 days to pay £1,200 costs, he said: ‘It can’t be paid.’

Judge Emerson said the harassment claim was not set out properly by Mr Hood but he could not say it was ‘without merit’.

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After the hearing Mrs Berry said: ‘We are relieved. This has been hanging over us for so long for something we have not done. It’s not about money, it is about us clearing our names. He’s put us through hell for nothing.

‘Labelling me a child abuser and making public my home address, whilst I have a young child at home, is a dangerous game to play. I have never abused his child, physically, via text or on social media.

‘We just want him to stop and apologise for what he has put us through and admit he has lied.’