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Judgment in default—failure to file defence to counterclaim

Judgment in default—failure to file defence to counterclaim
Published on: 03 August 2016
Published by: LexisPSL
  • Judgment in default—failure to file defence to counterclaim
  • Original news
  • What is the background to this case?
  • What was the court’s decision in relation to whether the charge was a regulated mortgage transaction?
  • What was the court’s decision in relation to whether the charge was void under IA 1986, s 284?
  • What was the conclusion as to whether the court should make declarations on an application for default judgment?
  • How did the court exercise its discretion to set aside the default judgment under CPR 13.3?
  • What was the effect of the default judgment on C’s claim against D2?

Article summary

Dispute Resolution analysis: Declarations should not be given without argument inter partes except in the clearest of cases, according to Master Matthews, who presided over the case of Goldcrest Distribution Limited v McCole and others. Aileen McErlean, barrister at Hardwicke Chambers and an expert in company and insolvency matters, talks us through the details. or take a trial to read the full analysis.

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