There have been a number of conflicting first instance decisions on the proper interpretation of CPR 12.3, which sets out the conditions for obtaining judgment in default of an acknowledgement of service or a defence. In summary, CPR 12.3 provides that the claimant may obtain judgment in default only if the defendant has not filed … Read more
In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain an implied sanction. Therefore, the defendant’s retrospective application for an extension of time did not fall to be decided under the strict regime which applies to applications … Read more
In a recent decision, the High Court took a dim view of the claimant’s application to widen the embargo on a draft judgment awarding it substantial damages, where the claimant’s aim was to seek to recover sums from a third party which was likely to be embarrassed by certain findings in the judgment: New York … Read more
In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court’s process, where the claim repeated an earlier claim which had been struck out as a result of the claimant’s failure to provide security for costs pursuant to an unless order: Harbour Castle Limited … Read more
The Court of Appeal has dismissed an appeal against the removal of a so-called Angel Bell exception to a post-judgment freezing order, with the effect that the defendant was prevented from continuing to make payments in the ordinary course of business: Michael Wilson & “Partners” Ltd v John Forster Emmott [2019] EWCA Civ 219. Whilst … Read more
The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud. Overturning the Court of Appeal’s decision, it confirmed that there is no need to demonstrate that the evidence of fraud could not have been obtained … Read more
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs arising from a failed interlocutory application: Consult II SRO v Shire Warwick Lewis Capital Ltd [2019] EWHC 286 (Comm). In refusing to provide relief from sanctions, the court has … Read more
In a recent judgment, the High Court rejected an application for default judgment on the basis that the defendant’s acknowledgement of service, though late, had been filed shortly before the application: Cunico Resources NV v Daskalakis [2018] EWHC 3382 (Comm). The decision turned on the interpretation of CPR 12.3(1), which sets out the conditions to … Read more
The Court of Appeal has dismissed an application made after final judgment to strike out a claim for abuse of process under CPR 3.4 or to set aside the judgment under the court’s general power at CPR 3.1(7) to vary or revoke court orders: Daniel Terry v BC Corporate Acceptances Ltd [2018] EWCA Civ 2422. … Read more
