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Default judgments or judgment on the merits, coming off the record and service treaties (Ashley & another v Jimenez)

Published on: 07 August 2019
Published by: LexisPSL
  • Default judgments or judgment on the merits, coming off the record and service treaties (Ashley & another v Jimenez)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Judgment on the merits
  • Requirement for a solicitor to formally come off the record
  • Alternative service
  • Judgment in the merits
  • Case details

Article summary

Dispute Resolution analysis: Chief Master Marsh allowed the claimant's application for a judgment on the merits where the claimant could more simply have applied for default judgment following the failure by the defendant to file an acknowledgement of service, following an unsuccessful jurisdiction challenge—judgment on the merits had been sought as default judgments can face enforcement issues in foreign jurisdictions (the defendant was resident in Dubai). The defendant had been represented in the jurisdiction challenge but subsequently his solicitors indicated that they were no longer instructed and declined to respond to correspondence. The Master held that the solicitors had not formally come off the record and so the defendant's address for service remained that of the solicitors—no alternative address for service of documents had been provided. The Master also made an order permitting service by an alternative method, ie by leaving documents at the defendant's known address in Dubai, notwithstanding there is a service treaty between Dubai and the UK. Written by Michael Rhode, senior associate, at Trowers & Hamlins LLP. or take a trial to read the full analysis.

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