SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?

For many years now there have been issues relating to how far the "Denton" criteria run alongside the rules relating to applications to set aside a default judgment. We have such a case here.  There was clearly an arguable defence, the application had been made "promptly".  The question for the judg...

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