Samara v MBI & Partners UK Ltd & Anor [2014] EWHC 563 (QB) (04 March 2014)

Samara v MBI & Partners UK Ltd & Anor [2014] EWHC 563 (QB) (04 March 2014)

The appeal is dismissed because the application to set aside default judgment was not made promptly, and the delay was unexplained and inexcusable under both the new and old CPR regimes. The Master was correct to refuse to set aside the judgment.

Citation
[2014] EWHC 563
Parties
Claimant and Respondent: Mr Samir Ramzi Samara; First Defendant and Appellant: MBI & Partners UK Limited; Second Defendant: AJWA RMTI CO
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Appeal / Appeal Against Refusal to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Limitation Periods, Relief From Sanctions
Civil Procedure Default Judgment Setting Aside Judgment Limitation Periods Relief From Sanctions

Case Brief

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Parties

Mr Samir Ramzi Samara

Claimant and Respondent

MBI & Partners UK Limited

First Defendant and Appellant

AJWA RMTI CO

Second Defendant

Procedural Posture

Appeal / Appeal Against Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the new CPR regime applies to applications to set aside default judgments
  2. 2 Whether the delay in applying to set aside default judgment was excessive and justified refusal
  3. 3 Whether the limitation defence could be pursued if judgment was set aside

Ratio Decidendi

The appeal is dismissed because the application to set aside default judgment was not made promptly, and the delay was unexplained and inexcusable under both the new and old CPR regimes. The Master was correct to refuse to set aside the judgment.

Court Disposition

Appeal dismissed

Orders

  • Default judgment stands
  • No order to set aside judgment