Source: All England Reporter
Publisher Citation: [2016] All ER (D) 142 (Mar)
Neutral Citation: [2016] EWHC 541 (Comm)
Court: Queen's Bench Division, Commercial Court

Walker J

Representation Alexia Knight (instructed by Goodman Derrick LLP) for A.
  Edward Cohen (instructed by Gresham Legal) for Ryan.
Judgment Dates: 15 March 2016


Judgment - Default of defence - Setting aside judgment - Claimant, A, purchasing property - Proceedings relating to alleged deceit and unlawful means conspiracy by defendants - A obtaining judgment in default against second defendant company, Ryan - Ryan applying to have default judgment set aside - Whether discretion to set judgment aside existing - Whether court should exercise discretion.

The Case

Judgment Default of defence. The Commercial Court allowed the second defendant company's application to set aside a judgement in default in proceedings relating to an alleged fraud carried out by the defendants concerning property purchased by the claimant. The second defendant had a real prospect of defending the claim. Weighing up the relevant factors, the balance fell strongly in favour of setting aside the default judgment.

Practice Areas

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