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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Setting aside judgment
DELAY IN APPLYING TO SET ASIDE A DEFAULT JUDGMENT: FAILURE TO BE PROMPT IS A HIGHLY RELEVANT FACTOR

DELAY IN APPLYING TO SET ASIDE A DEFAULT JUDGMENT: FAILURE TO BE PROMPT IS A HIGHLY RELEVANT FACTOR

July 18, 2022 · by gexall · in Applications, Setting aside judgment

In  AMRA Leasing Ltd v DAC Aviation (EA) Ltd & Ors [2022] EWHC 1718 (Comm) Mr Justice Jacobs refused the defendants’ application to set aside a default judgment.  The defendants’ delay in making the application, and then a further delay…

DEFENDANT UNSUCCESSFUL IN SETTING ASIDE DEFAULT JUDGMENT: NO REASONABLE PROSPECT OF SUCCESS: DELAY WOULD HAVE LED TO APPLICATION BEING REFUSED IN ANY EVENT

DEFENDANT UNSUCCESSFUL IN SETTING ASIDE DEFAULT JUDGMENT: NO REASONABLE PROSPECT OF SUCCESS: DELAY WOULD HAVE LED TO APPLICATION BEING REFUSED IN ANY EVENT

June 7, 2022 · by gexall · in Applications, Setting aside judgment

In Al Nasser & Al Masri Trading Company WLL Ltd Co v Munir [2022] EWHC 1174 (QB) Master Sullivan refused an application to set aside a default judgment. This case shows the importance of having detailed evidence available if a…

DENTON PRINCIPLES DO NOT APPLY TO AN APPLICATION TO SET ASIDE A DEFAULT JUDGMENT: NO UNIVERSAL JUDICIAL VIEW HERE

DENTON PRINCIPLES DO NOT APPLY TO AN APPLICATION TO SET ASIDE A DEFAULT JUDGMENT: NO UNIVERSAL JUDICIAL VIEW HERE

May 12, 2022 · by gexall · in Applications, Relief from sanctions, Setting aside judgment

There is a brief report on Lawtel of the case of C-v- D [2022] WLUK 99 where Dexter Dias QC, sitting as a Deputy High Court judge, did not agree with the proposition that Denton principles applied to an application…

COURT REFUSED TO SET ASIDE A DEFAULT JUDGMENT ON COSTS: DENTON PRINCIPLES ARE VERY MUCH INVOLVED IN SUCH AN APPLICATION

May 4, 2022 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Setting aside judgment

In  Ince Gordon Dadds LLP v Mellitah Oil & Gas BV [2022] EWHC 997 (Ch) Mr Hugh Sims QC, sitting as a Deputy High Court Judge, refused the defendant’s application to set aside a default judgment obtained for solicitor’s costs. …

SETTING ASIDE A JUDGMENT OBTAINED BY FRAUD: "MAINTAINING THE LIE ALL THE WAY TO THE COURT OF APPEAL"

SETTING ASIDE A JUDGMENT OBTAINED BY FRAUD: “MAINTAINING THE LIE ALL THE WAY TO THE COURT OF APPEAL”

November 26, 2021 · by gexall · in Appeals, Applications, Setting aside judgment

The Court of Appeal judgment in Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 contains an important discussion of the circumstances in which it is possible to bring a second action to set aside…

INSURER'S APPLICATION TO SET ASIDE DEFAULT JUDGMENT REFUSED ON THE BASIS OF INEXCUSABLE DELAY

INSURER’S APPLICATION TO SET ASIDE DEFAULT JUDGMENT REFUSED ON THE BASIS OF INEXCUSABLE DELAY

November 2, 2021 · by gexall · in Applications, Setting aside judgment

In Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) Master Thornett refused an insurer’s application to set aside judgment on the grounds that the application was not made “promptly”.   THE CASE The claimant brought…

WHEN AT COURT MAKE SURE YOU CAN ALWAYS BE FOUND: PROMPTNESS, SETTING ASIDE AND CPR 39.3(5)

WHEN AT COURT MAKE SURE YOU CAN ALWAYS BE FOUND: PROMPTNESS, SETTING ASIDE AND CPR 39.3(5)

October 22, 2021 · by gexall · in Appeals, Applications, Civil Procedure, Setting aside judgment

In Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) Mr Justice Fordham considered an application made by a defendant who left the court before the trial started.  It highlights the importance of every litigant, once they arrive…

APPLYING TO HAVE JUDGMENT SET ASIDE:  BE QUICK TO BE SAFE: DELAY IN MAKING APPLICATION MEANT IT WAS "RIGHT ON THE LINE"

APPLYING TO HAVE JUDGMENT SET ASIDE: BE QUICK TO BE SAFE: DELAY IN MAKING APPLICATION MEANT IT WAS “RIGHT ON THE LINE”

July 12, 2021 · by gexall · in Applications, Default judgment,, Relief from sanctions, Setting aside judgment

In Mountain Ash Portfolio Ltd v Vasilyev [2021] EWHC 1853 (Comm) Stephen Houseman QC, sitting as a Deputy High Court Judge, set aside a default judgment. However this was done by the narrowest of margins, the delay in making the…

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

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

June 25, 2021 · by gexall · in Applications, Default judgment,, Setting aside judgment

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…

RETROSPECTIVE VALIDATION OF SERVICE, THE ACKNOWLEDGEMENT OF SERVICE AND THE SETTING ASIDE OF DEFAULT JUDGMENT

RETROSPECTIVE VALIDATION OF SERVICE, THE ACKNOWLEDGEMENT OF SERVICE AND THE SETTING ASIDE OF DEFAULT JUDGMENT

May 26, 2021 · by gexall · in Service of the claim form, Serving documents, Setting aside judgment

In  YA II PN Ltd v Frontera Resources Corporation [2021] EWHC 1380 (Comm) Mr Justice Butcher considered the question of whether a default judgment was regular when the court had, retrospectively, validated service of the claim form.  He found that…

DEFAULT JUDGMENT FOR SOLICITORS' COSTS: COURT REFUSES TO SET ASIDE JUDGMENT: DEFENDANT FAILS ON BOTH THE DENTON CRITERIA AND THE MERITS

DEFAULT JUDGMENT FOR SOLICITORS’ COSTS: COURT REFUSES TO SET ASIDE JUDGMENT: DEFENDANT FAILS ON BOTH THE DENTON CRITERIA AND THE MERITS

May 17, 2021 · by gexall · in Applications, Costs, Relief from sanctions, Setting aside judgment, Witness statements

In Carpmaels & Ransford Llp & Anor v Regen Lab SA [2021] EWHC 845 (Comm) Mr Justice Waksman refused the defendant’s application to have judgment in default set aside. The claimants were solicitors bringing proceedings for their costs. The judge…

SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY…

March 3, 2021 · by gexall · in Applications, Civil Procedure, Setting aside judgment

The judgment of Master Thornett in  The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413 contains some object lessons for anyone involved in an application to set aside default…

THE RULES OF LITIGATION ARE DETAILED AND IMPORTANT: COURT REFUSES APPEAL - DEFENDANT'S ATTEMPT TO RE-LITIGATE HEARING WAS AN ABUSE OF PROCESS

THE RULES OF LITIGATION ARE DETAILED AND IMPORTANT: COURT REFUSES APPEAL – DEFENDANT’S ATTEMPT TO RE-LITIGATE HEARING WAS AN ABUSE OF PROCESS

February 4, 2021 · by gexall · in Appeals, Civil Procedure, Setting aside judgment

The judgment of Collins Rice J in  Vafa v Patel [2021] EWHC 198 (QB) shows the importance of knowing and complying with the rules.  The judge dismissed an appeal where it had been held that a defendant’s attempt to re-litigate…

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

December 23, 2020 · by gexall · in Applications, Civil Procedure, Default judgment,, Peremptory orders, Relief from sanctions, Sanctions, Setting aside judgment

The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…

ACKNOWLEDGMENT OF SERVICE FILED LATE - BUT JUDGMENT IN DEFAULT WAS IRREGULAR AND SET ASIDE: A REMINDER THAT THE RULES HAVE CHANGED

ACKNOWLEDGMENT OF SERVICE FILED LATE – BUT JUDGMENT IN DEFAULT WAS IRREGULAR AND SET ASIDE: A REMINDER THAT THE RULES HAVE CHANGED

November 12, 2020 · by gexall · in Appeals, Civil Procedure, Default judgment,, Setting aside judgment

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…

PROVING THINGS 184: PROVING YOU CAN'T A CLAIM WILL BE "STIFLED"  REQUIRES A DETAILED EXPLANATION

PROVING THINGS 184: PROVING YOU CAN’T A CLAIM WILL BE “STIFLED” REQUIRES A DETAILED EXPLANATION

October 26, 2020 · by gexall · in Civil evidence, Civil Procedure, Setting aside judgment

In National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) Deputy Master Hansen considered the defendant’s evidence as to means when deciding whether or not to impose terms when setting aside a judgment.  It is important to note…

SETTING ASIDE  A REGULAR JUDGMENT: TWO HURDLES FOR THE APPLICANT TO CLEAR - AND EVEN THEN THERE CAN BE CONDITIONS

SETTING ASIDE A REGULAR JUDGMENT: TWO HURDLES FOR THE APPLICANT TO CLEAR – AND EVEN THEN THERE CAN BE CONDITIONS

September 16, 2020 · by gexall · in Civil Procedure, Sanctions, Setting aside judgment

The judgment of Master Kaye in  Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) is a reminder that a party attempting to set aside a regular judgment has two hurdles to clear: the test set out…

JUDGMENT SET ASIDE WHEN DEFAULT WAS OBTAINED BECAUSE OF "LOCKDOWN": LITIGATORS MUST BE AWARE THAT THE WORLD SHIFTED ON ITS AXIS ON 23 MARCH 2020

JUDGMENT SET ASIDE WHEN DEFAULT WAS OBTAINED BECAUSE OF “LOCKDOWN”: LITIGATORS MUST BE AWARE THAT THE WORLD SHIFTED ON ITS AXIS ON 23 MARCH 2020

June 28, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Relief from sanctions, Setting aside judgment

The judgment of Mr Justice Julian Knowles in  Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) is the first reference I have seen to that part of CPR PD51ZA that deals  the court’s general discretion when faced…

SETTING ASIDE DEFAULT JUDGMENT: THE NEED FOR PROMPTNESS AND THE RELEVANCE OF THE DENTON CRITERIA

SETTING ASIDE DEFAULT JUDGMENT: THE NEED FOR PROMPTNESS AND THE RELEVANCE OF THE DENTON CRITERIA

March 2, 2020 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Setting aside judgment

In Core-Export Spa -v- Yang Ming Marine Transportation Corp [2020] EWHC 425 (Comm) HHJ Pelling QC (sitting as a High Court Judge) refused an application to set aside a default judgment.  The defendant had an arguable defence, however its history…

JUDGMENT IN DEFAULT - AFTER DEFENCE IS DUE BUT WHEN DEFENCE IS FILED LATE: ISSUE TO BE DETERMINED BY THE COURT OF APPEAL

JUDGMENT IN DEFAULT – AFTER DEFENCE IS DUE BUT WHEN DEFENCE IS FILED LATE: ISSUE TO BE DETERMINED BY THE COURT OF APPEAL

February 5, 2020 · by gexall · in Appeals, Applications, Civil Procedure, Default judgment,, Setting aside judgment

An earlier post dealt with rule changes that come into force in April in relation to default judgment being entered. The new rules make it clear that judgment cannot be entered if the court has received an acknowledgement of service…

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