First Central Insurance Management Ltd and William Singleton
| Jurisdiction | Northern Ireland |
| Judge | Master McCorry |
| Judgment Date | 06 September 2019 |
| Neutral Citation | [2019] NIMaster 10 |
| Court | High Court (Northern Ireland) |
| Date | 06 September 2019 |
1
Neutral Citation No: [2019] NIMaster 10
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: 2019NIMASTER10
Delivered: 06.09.2019
No. 17/52978
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEENS BENCH DIVISION
Between:
FIRST CENTRAL INSURANCE MANAGEMENT LIMITED
Plaintiff;
AND
WILLIAM SINGLETON
Defendant
Master McCorry
[1] By summons issued 13 September 2017 the defendant applies for an order
setting aside judgment in default of appearance entered on 7 July 2017. By writ of
summons issued 1 June 2017 the plaintiff, an insurance company, sought a
declaration pursuant to Article 98A(2) of the Road Traffic (Northern Ireland) Order
1981 that: (a) it was entitled to avoid a motor insurance policy which it had issued to
the defendant on grounds of non disclosure of a material fact by the defendant; (b) it
is not obliged to pay any sum under Article 98 of the Act on foot of the policy. The
defendant failing to enter an appearance to the writ, the plaintiff entered default
judgment on 7 July 2017 in the terms of the claim for a declaration indorsed on the
writ. The defendant acted expeditiously when the default judgment was served on
him on 9 August 2017, attending with his solicitor on 14 August 2017 with this
summons being issued a month later.
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