The defendant had asked the claimant to organise a substantial party. The account was more than anticipated, and the defendant refused to pay the full amount claimed. She sought leave to appeal judgment in default. The defendant had filed a defence by fax out of time, but on the same day but only a few minutes before the claimant had entered judgment in default.
Held: The older cases should no longer be applied. It was not appropriate to say that service should be deemed to be the actual time of the fax plus a reasonable time. The rules made no such provision. The judge had erred in finding that there was no arguable defence. Leave given to defend for a limited amount.
Citations:
[1998] EWCA Civ 656, (1998) 3 All ER 331, [1998] 1 WLR 1404
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Gill v Woodfin 1884
. .
Cited – Gibbings v Strong CA 1884
Earl of Selborne LC: ‘When no defence has been put in, then, by Order XXIX, rule 10 of the Rules of 1875, the plaintiff may set down the action or motion for judgment, ‘and such judgment shall be given as upon the statement of claim the Court shall . .
Cited by:
Cited – Osborne v Leighton CA 30-Apr-1999
The defendant being late in filing a defence to the claim for defamation, the claimant entered judgment in default. The defendant sought to have that set aside, and now sought her (substantial) costs.
Held: The entry of judgment had been at . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contract
Updated: 18 November 2022; Ref: scu.144134