APPLYING TO SET ASIDE DEFAULT JUDGMENT: A DRAFT DEFENCE IS NOT MANDATORY, BUT ITS ABSENCE MAY WELL BE TELLING

In Alli-Balogun v On the Beach Ltd & Ors [2021] EWHC 1702 (QB) Mr Justice Jacobs considered the relevant criteria for a party seeking to set aside a default judgment on the merits.  The defendant in this case did not file a draft defence to set out its case.  Whilst this was not necessarily fata...