Setting Aside Judgment in Default
May 1, 2015
The Court had regard to the overall justice of the case.
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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.
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