Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 211 (May)
Court:	Chancery Division
Judge:	Sir Andrew Morritt C (judgment delivered extempore)
Judgment Dates:	25 May 2012

Catchwords

Judgment - Default judgement - Setting aside judgment - Default of defence - Default judgment being entered against defendant for, inter alia, breach of directors duties and failure to account for VAT - Defendant seeking to set aside default judgment on basis computer records withheld, draft defence being sufficient and being entitled to deny serious allegations of fraud on oath - Whether some other reason to set aside default judgment - CPR 13.3(1)(b).

The Case

Judgment Default judgement. The Chancery Division refused to set aside default judgment entered against the defendant on the basis that there was no real prospect of successfully defending the claims against him, even with access to computer documents and an accounting program sought and an extension of time.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury
• Property

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