Q&As

What costs will be ordered if an application to set aside default judgment is successful?

read titleRead full title
Published on LexisPSL on 27/01/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What costs will be ordered if an application to set aside default judgment is successful?

What costs will be ordered if an application to set aside default judgment is successful?

What costs order will be made depends very much on the specific circumstances of the case. However, it is important to note that the general costs rule that the winning party is entitled to recover the costs it incurred in making the application does not apply in relation to applications to set aside default judgments. The rationale for this was summed up by Edwards-Stuart J in Tideway v Westminster City Council in which he stated:

'I should make it plain straightaway that, in my view, this is not the sort of application where the costs simply follow the event. On the contrary, none of us would be here today if the defendant had got its house in order right from the outset. It has only itself to blame for that position.'

In some cases the judge will give an indication as to the type of costs order that they consider might be appropriate given the circumstances, for example:

  1. QRS (on behalf of himself and as a representative for others) v Beach—Warby J noted 'I imagine that the Claimant may seek costs orders against Mr Kordowski. If so, and if he is to maintain that he is unable to

Popular documents