Council persuades High Court judge to quash judgment in default in data breach claim after papers posted to empty office during lockdown – Local Government Lawyer

Posted July 2nd, 2020 in coronavirus, default judgments, news, postal service, service by tracey

‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Covid19 and Default Judgments – Thomas More Chambers

Posted April 28th, 2020 in civil procedure rules, coronavirus, default judgments, news, time limits by sally

‘On 6 April 2020, a few minor changes to the Civil Procedural Rules (“CPR”) came into effect; amongst them, changes to CPR 12.3, which brought a degree of welcome clarity to an area of conflicting case law. Many lawyers would be forgiven for thinking that, if the claimant issued proceedings and properly filed and served the claim form and particulars of claim and the defendant failed to acknowledge service or file a defence within the times stipulated by CPR 10.3 and 15.3, the claimant would be entitled to judgment in default. However, if, in the intervening period between the claimant’s representative requesting default judgment and judgment being entered (which as we all know can too often be substantial), the defendant files a defence, the court no longer has jurisdiction to enter that default judgment and any such judgment entered must be set aside, under CPR 13.2. This article identifies the key decisions on what now appears to be the settled position; and the effect this may have on how claimants’ and defendants’ representatives should approach ‘late’ acknowledgments of services and defences, particularly in light of the unprecedented disruption caused by COVID-19.’

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Thomas More Chambers, 24th April 2020

Source: www.thomasmore.co.uk

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’

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Becket Chambers, 25th March 2020

Source: becket-chambers.co.uk

Strike Out: seriousness of default and possibility of a fair trial require careful consideration – 3PB

‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

High Court ruling “shows strength of Manolete model” – Litigation Futures

‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Solicitor secures injunction to stop web harassment – Legal Futures

Posted October 10th, 2019 in defamation, default judgments, harassment, injunctions, internet, news, solicitors by tracey

‘A partner at listed law firm Knights has secured a High Court injunction to prevent a former Oxford University student making “false and damaging allegations” against him.’

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Legal Futures, 10th October 2019

Source: www.legalfutures.co.uk

Narrow escape for defendants who failed to notice particulars of claim – Litigation Futures

‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

High Court sets aside default judgment in £3m PI claim – Litigation Futures

Posted August 14th, 2019 in default judgments, defences, news, personal injuries, time limits by michael

‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’

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Litigation Futures, 14th August 2019

Source: www.litigationfutures.com

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

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Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

Solicitors warned: explain delays or expect default judgment – Law Society’s Gazette

Posted June 6th, 2017 in default judgments, delay, news, solicitors by tracey

‘A High Court judge has served notice on solicitors to ensure they meet litigation deadlines by serving a default judgment against a party that failed to explain delays.’

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Law Society's Gazette, 6th June 2017

Source: www.lawgazette.co.uk

Judgment in default—failure to file defence to counterclaim – Hardwicke Chambers

Posted August 25th, 2016 in default judgments, defence, mortgages, news by sally

‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’

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Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

When Allegations of Fraud are not Enough – Zenith PI

Posted June 17th, 2016 in default judgments, fraud, news by tracey

‘A default judgment will not be set aside as a matter of course just because arguable fraud is alleged.’

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Zenith PI, 15th June 2016

Source: www.zenithpi.wordpress.com

Court of Appeal case: Gentry v Miller & UKI [2016] EWCA Civ 141 – Park Square Barristers

Posted March 22nd, 2016 in appeals, default judgments, delay, fraud, insurance, news by sally

‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’

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Park Square Barristers, 14th March 2016

Source: www.parksquarebarristers.co.uk

Jackson takes hard line on firm’s late court document – Law Society’s Gazette

Posted March 17th, 2016 in appeals, default judgments, delay, documents, judges, law firms, news by tracey

‘Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.’

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Law Society’s Gazette, 15th March 2016

Source: www.lawgazette.co.uk

Court of Appeal teaches insurer “harsh” lesson on relief from sanctions – Litigation Futures

Posted March 11th, 2016 in appeals, default judgments, delay, fraud, insurance, news, sanctions by tracey

‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’

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Litigation Futures, 10th March 2016

Source: www.litigationfutures.com

Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Default judgments soar as defences plummet – Law Society’s Gazette

‘The number of civil court judgments leapt by 25% last year as more claims went undefended, official statistics have revealed.’

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Law Society’s Gazette, 9th March 2015

Source: www.lawgazette.co.uk

QRS v Beach and another – WLR Daily

Posted December 19th, 2014 in civil procedure rules, default judgments, injunctions, law reports by sally

QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542

‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

Supreme Court stresses importance of compliance with court orders – Litigation Futures

Posted November 27th, 2014 in appeals, courts, default judgments, news, royal family, Supreme Court, witnesses by sally

‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’

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Litigation Futures, 27th November 2014

Source: www.litigationfutures.com

Companies should not wait to apply to set aside default judgments, says expert, after court makes clear ‘Mitchell’ principles apply – OUT-LAW.com

Posted October 23rd, 2014 in appeals, civil procedure rules, default judgments, delay, news, setting aside by sally

‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’

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OUT-LAW.com, 22nd October 2014

Source: www.out-law.com