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Delay fatal to setting aside default judgment in spite of fraud allegations (Gentry v Miller)

Delay fatal to setting aside default judgment in spite of fraud allegations (Gentry v Miller)
Published on: 16 March 2016
Published by: LexisPSL
  • Delay fatal to setting aside default judgment in spite of fraud allegations (Gentry v Miller)
  • Practical implications
  • The application—background facts
  • Setting aside judgments under CPR 13.3—cases where the court may set aside or vary a default judgment
  • Setting aside judgments under CPR 39.3—party's failure to attend trial
  • Application to set aside based on contention of there being a viable allegation the claim had been brought fraudulently
  • Court details

Article summary

Dispute Resolution analysis: The Court of Appeal has allowed an appeal and dismissed the insurer’s applications under CPR 13.3 and CPR 39.3, applying the Denton principles, to set aside a default judgment. In doing so, it has given useful guidance to practitioners on how courts should approach relief from sanctions applications where the defaulting party had delayed in seeking such relief but seeks to contend it has evidence to allege the claim was a fraudulent one. Following this judgment, the insurer will ‘have to pursue what remedies it can by way of a new fraud action'. or take a trial to read the full analysis.

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