Default judgment, response packs and Denton (Erol v Global Fashion Links)

Table of contents

• Practical implications
• What was the background to the application?
• On what grounds did the defendant apply to have default judgment set aside?
• What did the judge decide?
• Did the claimant's failure to serve a response pack amount to an 'other good reason' for the court to set aside the default judgment?
• Court and judgment details

Article summary

Dispute Resolution analysis: a judge in the Intellectual Property Enterprise Court (IPEC) allowed an application pursuant to CPR 13.3 to set aside a judgment in default of acknowledgment of service and defence on the basis that the defendant had, on the evidence presented, a real prospect of success at trial. Judge Macon also stated that the claimant’s failure to send a response pack with his claim form and particulars of claim would, by itself, have been a good enough reason to set aside the court’s order for default judgment. In this article we discuss the decision, including the judge’s approach to the Court of Appeal’s decision in Denton.