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 fault, since the claim had also included a request for an injunction. Even had it not been it was inevitable that it would be set aside, and the order for costs on an indemnity basis was upheld.
Citations:
[1999] EWCA Civ 1314
Jurisdiction:
England and Wales
Citing:
Cited – Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The ‘Saudi Eagle’ CA 1986
The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that . .
Cited – Morley London Developments Ltd v Rightside Properties Ltd 1973
It is open to a claimant to withdraw part of his claim without notice to the other side in order to take advantage of the administrative procedures provided by Order 19 rule 2 or, for that matter, Order 19 rule 3. But the judgment taken in such . .
Cited – Anson (Trading As Party Planners) v Trump CA 7-Apr-1998
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 . .
Lists of cited by and citing cases may be incomplete.
Defamation, Litigation Practice
Updated: 07 December 2022; Ref: scu.146229