Setting Aside Judgment in Default
May 1, 2015
The Court had regard to the overall justice of the case.
News & Blogs
The Court had regard to the overall justice of the case.
In a recent case (Robinson v. Kensington and Chelsea and another (2014) [2014] EWHC 4449 (QB)) the High Court set aside a Default Judgment that had been entered when the Defendant’s Acknowledgment of Service had been filed with the Court five days late. The Court was mindful that entry of Default Judgment is an extreme sanction. A more proportionate sanction might be to set the Judgment aside subject to conditions imposed by the Court. The Court said that the Defendant had a real prospect of successfully defending the Claim. The Judge also held that a five-day delay in serving the Acknowledgment of Service was not serious or significant. The Court had regard to the overall justice of the case.
Obviously, this is not a licence to ignore time limits for filing an Acknowledgment of Service in litigation but it does illustrate a more pragmatic and sensible approach by the Courts to this issue.
For assistance with litigation and dispute resolution, please contact Keith Hardington on 01756 700200 or kh@walkerfoster.com
When a dispute arises between two parties, it’s not as simple as going straight to court. Before formal legal proceedings can begin, there are pre-action conduct requirements that must be followed.
Many business owners encounter commercial disputes at some stage, as disagreements are a natural part of running a business. In most cases, issues can be addressed and resolved internally through open communication and practical problem-solving.
When informal promises are made within families, they can shape lives and long-term decisions. But when those promises are broken or ignored, and formal legal arrangements are lacking, the result can be emotional, complex and financially devastating.
Planning for the future can feel daunting, but preparing a Lasting Power of Attorney (LPA) is a straightforward step to help you protect your interests and provide clarity for loved ones. In this comprehensive lasting power of attorney guide, Walker Foster’s expert solicitors explain what a power of attorney is, how to set one up and how they can provide peace of mind for you and your family.
Craven House, Newtown, Barnoldswick, BB18 5UQ
First Floor, 7 Victoria Avenue, Harrogate, HG1 1EQ
27 Riddings Road, Ilkley, LS29 9LX
Century House, Northallerton, DL6 2XQ
The Old White Horse, Market Place, Settle, BD24 9EF
63 Kirkgate, Silsden, Keighley, BD20 0PB
3 High Street, Skipton, BD23 1AA