Tag Archives: Default judgment

IF THE DEFENCE IS FILED LATE THE CLAIMANT IS STILL ENTITLED TO DEFAULT JUDGMENT: TWO POINTS TO WATCH

The decision of Deputy Master Pickering in Billington -v- Davies [2016] EWHC 1919 (Ch) illustrates two important principles that are often overlooked. A claimant that has applied for default judgment in default of defence is still entitled to default judgment even if the defence is filed between the date of the application and the date […]

WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES AFTER A DEFAULT JUDGMENT 3: A NUANCED APPROACH

We have looked several times before at the question of what a defendant can argue in relation to damages after judgment has been entered*.  The recent decision of Master Matthews in Merito Financial Services Limited -v- David Yelloly [2016] EWHC  2067 (Ch) adds a more nuanced approach to these issues. KEY POINTS Where a claimant […]

DELAY AND SETTING ASIDE DEFAULT JUDGMENT: BALD ASSERTIONS IN AN EXPERT’S REPORT

The result in Gahir -v- Bansal [2016] EWHC 2041 (QB) (Sir David Eady) is perhaps surprising given the strength of the judge’s observations as to the defendant’s conduct. Despite major unjustified delay an application to set aside a default judgment was successful. One important factor was the somewhat sparse reasoning in an expert report which […]

ATTRITIONAL WARFARE; UNMERITORIOUS POINTS AND UNFOUNDED ALLEGATIONS OF BAD FAITH: SO MUCH (AND MORE) IN ONE JUDGMENT

The judgment today of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust makes for uncomfortable reading on the issue of the general attitude of the lawyers towards the conduct of the litigation.   In addition to criticism of the parties conduct it  deals with important issues in relation to (i) filing […]

REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

Two recent posts* have highlighted the difficulties that can exist with the filing of Replies and Defence to Counterclaim. Here is a short Primer. A REPLY If the Defence does not contain a counterclaim a Reply is not mandatory.  There is no guidance in the rules relating to when and whether to file a Reply. […]

MONEY JUDGMENT SHOULD NOT HAVE BEEN GIVEN AFTER BREACH OF PEREMPTORY ORDER

In Rubin -v- Parsons [2016] EWHC 237 (Ch) Mr Justice Peter Smith considered the effect of breach of peremptory order in a case where the applicants were claiming much more complex relief.  It shows that a much more calibrated approach is needed to the issue of the appropriate remedy in cases where the claim is […]

DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE

A claimant can enter judgment in default of acknowledgement of service.  What is the position if the acknowledgment of service is served late.  This point was considered by Phillips J in Almond -v- Medgolf Properties (QBC Comm 19/5/2015). * THE CASE The claimant applied for summary judgment in default of acknowledgement of service. After the […]