||All England Reporter
|| All ER (D) 142 (Mar)
|| EWHC 541 (Comm)
||Queen's Bench Division, Commercial Court
||Alexia Knight (instructed by Goodman Derrick LLP) for A.
||Edward Cohen (instructed by Gresham Legal) for Ryan.
||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.
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.
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