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CIVIL PROCEDURE: Slip of the mind

27 January 2012  

Ron Cheriyan examines recent developments in the setting aside of default judgments

To obtain judgment in default is to obtain peace of mind. This is probably the view shared by most litigators, particularly those that handle high-volume money claims. Preparing a case for trial is often a lengthy process involving the exchange of allocation questionnaires and witness statements and the collation and assessment of lengthy evidence. Judgment in default affords claimants the opportunity to sidestep the requirements of standard disclosure and avoid an expensive trial.

Additional Info

  • Case(s) Referenced:

    Attorney General v Matthews (Trinidad and Tobago) [2011] UKPC 38

    Attorney General v Universal Projects Ltd (Trinidad and Tobago) [2011] UKPC 37

    Gulf International Bank BSC v Ekttitab Holding Company KSCC & anor [2010] EWHC B30 (Comm)

    National House Building Council v Relicpride Ltd & ors [2009] EWHC 1260 (TCC)

    Regency Rolls Ltd & anor v Carnall [2000] EWCA (CIV) 379