- Setting aside default judgment—hurdles to clear and additional conditions (Penta Ultimate Holdings Ltd and another v Storrier)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Master Kaye provides a helpful summary of the tests for setting aside a default judgment: stressing that both CPR 13 hurdles and the Denton relief from sanctions tests applied. The issue of what delays can be considered when dealing with the issue of ‘promptness’ were explained, both in the context of the application to set aside itself, and more generally in the procedural history of a dispute. The default judgment in this case was set aside on conditions and the judgment sets out how such conditions may be used as a case management tool. Master Kaye also considered the obligations of initial disclosure, and the requirements to succeed on an application under CPR PD 51U, para 5.1. Written by Angharad Parry, barrister, at Twenty Essex.
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