Conflicting first instance decisions on whether default judgment can be granted where acknowledgement of service filed late

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