Source: All England Reporter
Publisher Citation: [2006] All ER (D) 116 (Oct)
Court: Chancery Division
Judge:

Lawrence Collins J

Representation Daniel Margolin (instructed by Turner & Debenhams) for the claimant.
  William Geldart (instructed by Baker & Co) for the defendants.
Judgment Dates: 10 October 2006

Catchwords

Judgment - Default judgment - Setting aside judgment - Claimant obtaining default judgment against defendants - Defendants seeking to set aside judgment - Whether defendants showing real prospect of successfully defending claim - Whether defendant's delay depriving them of defence - Civil Procedure Rules 1998, SI 1998/3132, CPR Pt 13.

The Case

In the instant case the claimant had obtained default judgment against the defendants on a claim to have a lease she had granted to them set aside. The defendants sought to have that judgment set aside under CPR 13.3. It was held that the defendants had shown a real prospect of successfully defending the claim, and that their delay had not deprived them of their defence. Accordingly, the default judgment was set aside.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.