Samara v MBI & Partners UK Ltd and others [2014] EWHC 563 (QB), [2014] All ER (D) 48 (Mar)
Queen’s Bench Division, Silber J, 4 Mar 2014
The new regime that has implemented the Jackson proposals and altered the CPR applies to all the CPR, including applications to set aside default judgments under CPR Pt 13.
Sam Neaman (instructed by Ferguson Solicitors LLP) for the claimant. Derrick Dale QC and Rebecca Loveridge (instructed by Trowers & Hamlin LLP) for the first defendant. The second defendant did not appear and was not represented.
In March 2011, the claimant issued proceedings against the first defendant, claiming sums due to him under an employment contract. Neither an acknowledgement of service nor a defence was filed within the time limits prescribed by the CPR or at all. In September 2011, the master gave permission to enter judgment against the first defendant in default, which was entered in February 2012. The first defendant applied to set aside the default judgment under CPR 13.3. The application was rejected by the master, on grounds including
