Tag Archives: Setting aside judgment

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 […]

DEFAULT JUDGMENT ON COUNTERCLAIM NOT SET ASIDE – AN OBJECT LESSON IN STAYING AWAKE IN LITIGATION

The decision of Master Matthews today in Goldcrest Distribution Ltd -v- McCole [2016] EWHC 1571 (Ch) provides an object lesson in the need to stay awake to procedural issues throughout litigation. The claimant had a default judgment on a counterclaim entered against them.   The judge refused to set it aside. Consequently the whole of […]

SERVICE OF PROCEEDINGS AND MISSING DOCUMENTS: WHY IT IS DANGEROUS FOR A DEFENDANT TO ATTEMPT TO STAND ON ITS RIGHTS

When proceedings are served and key documents are missing it is tempting for a defendant to attempt to stand on its rights and not reply at all to the claim. However the case of Rushworth -v- Harvey [2016] EWHC 1386 (QB) shows that this is a dangerous practice. A claim form served without the accompanying […]

COURT OF APPEAL OVERTURNS REFUSAL TO SET ASIDE JUDGMENT AFTER DEFENDANT FAILED TO ATTEND TRIAL

Given the many strictures relating to the sanctity of the trial date the decision of the Court of Appeal in TBO Investments Ltd -v- Mohun-Smith [2016]  EWCA Civ 403 may be viewed as a surprising one. The defendant failed to attend trial and an adjournment was refused,  bu tthe defendant  was then successful in setting […]

DELAY, DISCRETION AND SETTING ASIDE JUDGMENT

In the judgment today in Albesher -v- Ryan [2016] EWHC 541 (Comm) Mr Justice Walker considered issues of delay in an application to set aside a default judgment.   KEY POINTS A regular judgment was set aside because there was a real prospect of successfully defending the claim. There had been some delay by the […]

DENTON CRITERIA OVERRIDES ALLEGATIONS OF FRAUD: COURT OF APPEAL DECISION: A WAKE UP CALL FOR THE INSURANCE INDUSTRY?

In Gentry -v- Miller and UK Insurance Company [2016] EWCA Civ 141 the Court of Appeal held that the fact that a defendant was alleging fraud did not entitle it to any special treatment in relation to breaches of rules.  The Denton principles still apply with all their vigour. “The court cannot ignore that insurers […]

VARYING JUDGMENT ENTERED BY CONSENT: CAUSATION, APPEALS AND “NEW” EVIDENCE

In Atkins -v- The Co-operative Group [2016] EWHC 80 (QB) Mr Justice Supperstone varied  a consent order giving judgment for the claimant on liability.  The appeal against the order was not made until six months after the judgment was entered. It is important to note that the judgment was varied to allow the defendant to […]