‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’
Law Society's Gazette, 23rd September 2024
Source: www.lawgazette.co.uk
‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’
Gatehouse Chambers, 4th October 2023
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: The High Court has granted default judgment on part of a counterclaim against the Ras Al Khaimah Investment Authority in a long-running set of proceedings, following the decision by the Investment Authority to take no further part in the proceedings. However, following submissions made by Additional Defendants in the proceedings, another part of the counterclaim will proceed to trial in 2024.’
Gatehouse Chambers, 4th September 2023
Source: gatehouselaw.co.uk
‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’
Local Government Lawyer, 8th September 2023
Source: www.localgovernmentlawyer.co.uk
‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’
Ropewalk Chambers, 28th July 2023
Source: ropewalk.co.uk
‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’
Local Government Lawyer, 31st March 2023
Source: www.localgovernmentlawyer.co.uk
‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’
Legal Futures, 13th April 2022
Source: www.legalfutures.co.uk
‘A claimant who filed a request for judgment on the Money Claim Online (MCOL) system, knowing the defendant’s alleged admission had not been made, has been found liable for the tort of abuse of process.’
Legal Futures, 7th December 2021
Source: www.legalfutures.co.uk
‘A civil defendant who waited three months to challenge a default judgment worth £101m has been given another chance to fight the claim.’
Law Society's Gazette, 13th July 2021
Source: www.lawgazette.co.uk
‘The High Court has rejected a challenge to a judgment in default obtained by two law firms whose retainers were terminated by a Swiss company, leaving Carpmaels & Raynsford with unpaid fees of €201,000 (£172,000) and Collyer Bristow with £320,000.’
Legal Futures, 18th May 2021
Source: www.legalfutures.co.uk
‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’
Local Government Lawyer, 2nd July 2020
Source: www.localgovernmentlawyer.co.uk
‘On 6 April 2020, a few minor changes to the Civil Procedural Rules (“CPR”) came into effect; amongst them, changes to CPR 12.3, which brought a degree of welcome clarity to an area of conflicting case law. Many lawyers would be forgiven for thinking that, if the claimant issued proceedings and properly filed and served the claim form and particulars of claim and the defendant failed to acknowledge service or file a defence within the times stipulated by CPR 10.3 and 15.3, the claimant would be entitled to judgment in default. However, if, in the intervening period between the claimant’s representative requesting default judgment and judgment being entered (which as we all know can too often be substantial), the defendant files a defence, the court no longer has jurisdiction to enter that default judgment and any such judgment entered must be set aside, under CPR 13.2. This article identifies the key decisions on what now appears to be the settled position; and the effect this may have on how claimants’ and defendants’ representatives should approach ‘late’ acknowledgments of services and defences, particularly in light of the unprecedented disruption caused by COVID-19.’
Thomas More Chambers, 24th April 2020
Source: www.thomasmore.co.uk
‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’
Becket Chambers, 25th March 2020
Source: becket-chambers.co.uk
‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘A partner at listed law firm Knights has secured a High Court injunction to prevent a former Oxford University student making “false and damaging allegations” against him.’
Legal Futures, 10th October 2019
Source: www.legalfutures.co.uk
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
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