08 March 2013
Governor and Company of the Bank of Ireland v Rafiq [2013] EWHC 348 (Ch), [2013] All ER (D) 313 (Feb)
There was no rule that required the court, faced with a long delay from the defendant, to allow a defence to be submitted. It was necessary to consider the requirements of the CPR. The defendant had known of the proceedings and that a defence had been due, but had chosen not to engage. The claimant had been scrupulous in ensuring that the defendant had known of the proceedings and their significance. It was not open to the defendant to superimpose rules of timing of her own making. Further, the authorities indicated that excessive indulgence was not to be given to a litigant in person.
