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

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

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Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

Sleepwalking into error – NearlyLegal

Posted November 14th, 2013 in appeals, default judgments, housing, news by tracey

“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”

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NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Balgobin v South West Regional Health Authority – WLR Daily

Posted May 14th, 2012 in appeals, default judgments, law reports, personal injuries by sally

Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143

“The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

Set Aside or Appeal? Choose your Remedy with Care – Hardwicke Chambers

Posted April 11th, 2012 in appeals, civil procedure rules, default judgments, news by sally

“The interrelation between a party’s right to apply to set aside an order made in his absence and his right to appeal is one of recognised difficulty. Until recently, it had received little attention: a decision at first instance in Tennero Ltd v Arnold [2007] 1 WLR 1025 and one on appeal in Attorney General of Zambia v Meer Care & Desai [2008] EWCA Civ 754 (the ‘Boutique Basile’ case). In 2011, however, the Court of Appeal had cause to reconsider the interplay of Civil Procedure Rules (‘CPR’) 39.3 and 52 in Bank of Scotland plc v Pereira [2011] EWCA Civ 241 [2011] 1 WLR 2391.”

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Hardwicke Chambers, 10th April 2012

Source: www.hardwicke.co.uk

G v de Visser – WLR Daily

Posted March 21st, 2012 in default judgments, EC law, human rights, internet, law reports, photography, privacy by sally

G v de Visser (Case C-292/10); [2012] WLR (D) 87

“Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace the defendant.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Can UK courts pass judgment on due process in other Convention countries? – UK Human Rights Blog

Posted March 6th, 2012 in default judgments, EC law, news, setting aside, treaties by sally

“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”

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UK Human Rights Blog, 5th March 2012

Source: www.ukhumanrightsblog.com

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Posted April 18th, 2011 in appeals, database right, default judgments, law reports by sally

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bank of Scotland v Pereira and others – WLR Daily

“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.