Setting Aside Default Judgment in UK Law

  • Evans v Bartlam
    • House of Lords
    • 30 April 1937
    ... ... of Greaves-Lord J., sitting in Chambers, setting aside on terms a judgment obtained against the fendant on default of appearance. The case came before the learned ... ...
  • Strachan v The Gleaner Company Ltd and another
    • Privy Council
    • 25 July 2005
    ... ... by the plaintiff in the action from a judgment of the Court of Appeal of Jamaica (Panton JA and ... appeal from the refusal of Smith J to set aside an earlier order of Walker J as being made ... Walker J had purported to set aside a default judgment for damages to be assessed after the ... -applications, appeals, orders, orders setting aside earlier orders and orders refusing to set ... ...
  • Godwin v Swindon Borough Council
    • Court of Appeal (Civil Division)
    • 10 October 2001
    ... ... (Transcript of the Handed Down Judgment of ... Smith Bernal Reporting Limited, 190 ... is able to have any judgment or order set aside. A rebuttable presumption would not materially ... (b) he may not obtain judgment in default under Part 12 unless he has filed the certificate ... Part 13 contains provisions for setting aside or varying default judgment entered under ... ...
  • Samuels v Linzi Dresses Ltd
    • Court of Appeal (Civil Division)
    • 28 November 1979
    ... ... clarity, in the learned Judge's judgment, and I cannot do better than quote from pages 53 ... The plaintiff took out a Summons to set aside the appearance, and if he could have obtained an ... the mortgage money in Court, and that 'in default of such lodgment within 2 months from the date of ... On the other hand, if an Order is made setting aside a default judgment on condition that a ... ...
  • Alpine Bulk Transport Company Inc. v Saudi Eagle Shipping Company Ltd
    • Court of Appeal (Civil Division)
    • 01 July 1986
    ... ... 1 This is the judgment of the court ... 2 The problem ... and the plaintiff signed judgment in default. Thereafter, the defendant asked for time to pay ... the defendant applied to the master to set aside the default judgment. The master dismissed the ... The House considered his reasons for setting aside the default judgment and agreed with them ... ...
  • E D & F Man Liquid Products Ltd v Patel and Another
    • Court of Appeal (Civil Division)
    • 04 April 2003
    ... ... for permission to appeal from a judgment of His Honour Judge Dean QC, sitting as a judge f the High Court. Judgment in default of acknowledgment of service issued against the ... of rejecting Mr Patel's application to set aside that default judgment. On that application Mr ... , Mr Mahesh Patel has obtained the setting aside of the default judgment against him on the ... ...
  • Attorney General of Trinidad and Tobago v Matthews
    • Privy Council
    • 20 October 2011
    ... ... an application for permission to enter judgment in default of defence. This application was ... Part 13 deals with the setting aside or varying of default judgments. Rule ... ...
  • Adams v Cape Industries Plc
    • Court of Appeal (Civil Division)
    • 27 July 1989
    ... ... 1 ... 2 This is the judgment of the Court, to which all its members have ... ("the Tyler Court"). The judgment was a default judgment against Cape Industries PLC ("Cape") and ... which was expanding into a new market by setting up subsidiaries and dealing with competition, ... cases he expressed his willingness to pull aside the corporate veil, saying in the latter: ... ...
  • Attorney General v Universal Projects Ltd
    • Privy Council
    • 20 October 2011
    ... ... an application by a defendant to set aside a judgment following non-compliance with a court ... extending time for filing a defence in default of which permission is given to the claimant to ... 9 Part 13 deals with setting aside and varying default judgments. Rule 13.3 ... ...
  • Takhar v Gracefield Developments Ltd and Others
    • Supreme Court
    • 20 March 2019
    ... ... In a judgment delivered on 28 July 2010 [2010] EWHC 2872 (Ch) ... have Judge Purle's judgment and order set aside. She claimed that she was entitled to this relief ... collusion is alleged, such as to justify setting aside the earlier judgment.” ... a defendant simply letting the case go by default, if fraud was involved in the obtaining of the ... ...
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