The judgment of Mr Justice Choudhury in MB v RBG [2020] EWHC 3022 (QB) is the first I have seen considering the new provisions of CPR 12.3 and the circumstances in which a default judgment can be set aside. It serves as a reminder that the rules changed earlier this year.
"In these circumstances,...
The glaring lacuna here is the possibility that the request for entry of judgment just sits in the court’s ‘in tray’ [which regrettably in these times frequently happens]. Then the defendant is advantaged in terms of late filing of the AoS, the longer it remains un-actioned. Surely that cannot be right?