‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’
Litigation Futures, 14th August 2019
Source: www.litigationfutures.com
‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’
Nearly Legal, 19th August 2018
Source: nearlylegal.co.uk
‘A High Court judge has served notice on solicitors to ensure they meet litigation deadlines by serving a default judgment against a party that failed to explain delays.’
Law Society's Gazette, 6th June 2017
Source: www.lawgazette.co.uk
‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’
Hardwicke Chambers, 3rd August 2016
Source: www.hardwicke.co.uk
‘A default judgment will not be set aside as a matter of course just because arguable fraud is alleged.’
Zenith PI, 15th June 2016
Source: www.zenithpi.wordpress.com
‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’
Park Square Barristers, 14th March 2016
Source: www.parksquarebarristers.co.uk
‘Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.’
Law Society’s Gazette, 15th March 2016
Source: www.lawgazette.co.uk
‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’
Litigation Futures, 10th March 2016
Source: www.litigationfutures.com
Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508
‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’
WLR Daily, 7th December 2015
Source: www.iclr.co.uk
‘The number of civil court judgments leapt by 25% last year as more claims went undefended, official statistics have revealed.’
Law Society’s Gazette, 9th March 2015
Source: www.lawgazette.co.uk
QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542
‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’
WLR Daily, 11th December 2014
Source: www.iclr.co.uk
‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’
Litigation Futures, 27th November 2014
Source: www.litigationfutures.com
‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’
OUT-LAW.com, 22nd October 2014
Source: www.out-law.com
‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’
Litigation Futures, 16th December 2013
Source: www.litigationfutures.com
“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143
“The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.”
WLR Daily, 10th May 2012
Source: www.iclr.co.uk
“The interrelation between a party’s right to apply to set aside an order made in his absence and his right to appeal is one of recognised difficulty. Until recently, it had received little attention: a decision at first instance in Tennero Ltd v Arnold [2007] 1 WLR 1025 and one on appeal in Attorney General of Zambia v Meer Care & Desai [2008] EWCA Civ 754 (the ‘Boutique Basile’ case). In 2011, however, the Court of Appeal had cause to reconsider the interplay of Civil Procedure Rules (‘CPR’) 39.3 and 52 in Bank of Scotland plc v Pereira [2011] EWCA Civ 241 [2011] 1 WLR 2391.”
Hardwicke Chambers, 10th April 2012
Source: www.hardwicke.co.uk
G v de Visser (Case C-292/10); [2012] WLR (D) 87
“Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace the defendant.”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”
UK Human Rights Blog, 5th March 2012
Source: www.ukhumanrightsblog.com
“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
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