AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A “MINI TRIAL”

A defendant applying to set aside a properly obtained default judgment has a number of hurdles to clear. The court will consider the "merits" of the proposed defence, the reason for the delay, "promptness" and then go on to consider the Denton criteria.  Here we look at a judgment where, a decision ...