Once judgment has been given, whether after a contested hearing or in default, for damages to be assessed, the defendant cannot dispute liability at the assessment hearing.
Citations:
Unreported 1 July 1999
Jurisdiction:
England and Wales
Cited by:
Cited – Pugh v Cantor Fitzgerald International CA 7-Mar-2001
Where judgment had been entered with damages to be assessed, the issues which could be raised on the assessment of damages were any directly affecting that assessment, but the defendant could not raise an issue which would impugn the judgement . .
Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 29 May 2022; Ref: scu.237249