When a defendant seeks to set aside a regular judgment which had been obtained by default, the test for setting it aside is: ‘In a case like the present there is a judgment, which, though by default, is a regular judgment, and the applicant must show grounds why the discretion to set it aside should be exercised it his favour. The primary consideration is whether he has merits to which the Court should pay heed; if merits are shown the Court will not prima facie desire to let a judgment pass on which there had been no proper adjudication.’ and ‘a defendant who is asking the court to exercise its discretion in his favour should show that he has a defence which has a real prospect of success’
References: [1937] AC 473
Judges: Lord Wright
Jurisdiction: England and Wales
This case is cited by:
- Cited – Crystal Eye Management (Pty) Limited v Entertainment Guarantees Limited and Victor William Broad CA 15-Jan-1997
The plaintiffs underwrote a film. The excesses for which they were liable were insured. The plaintiffs came to claim under the insurance, and Lloyds sought to intervene. The plaintiffs obtained judgement against the defendants by default. It later . .
(, [1997] EWCA Civ 773) - Cited – In re Telewest Communications Plc ChD 26-Apr-2004
A scheme of arrangement had been proposed. The creditor complained that in providing for payment in a currency other than that agreed, it had been prejudiced.
Held: The provision in the scheme did purport to alter the claimant’s rights. . .
(, [2004] EWHC 924 (Ch), Times 27-May-04) - Cited – Piglowska v Piglowski HL 24-Jun-1999
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
(Times 25-Jun-99, Gazette 07-Jul-99, Gazette 20-Oct-99, , , [1999] UKHL 27, [1999] 3 All ER 632, [1999] 1 WLR 1360, [1999] 2 FCR 481, [1999] 2 FLR 763, [1999] Fam Law 617)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.193406 br>