header-logo header-logo

14 March 2014
Issue: 7598 / Categories: Case law , Law reports , In Court
printer mail-detail

Judgment—Default judgment—Setting aside judgment

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll