TPE v Franks [2018] EWHC 1765 (QB) (10 July 2018)

TPE v Franks [2018] EWHC 1765 (QB) (10 July 2018)

The Master erred in principle by not properly analysing the section 33(3) criteria, by dividing the limitation period into segments rather than considering the whole period, and by failing to require cogent evidence from the claimant as to the reasons for delay. On the material before the court, there was a real prospect of the Appellant defending the claim on limitation grounds, and the default judgment should be set aside.

Citation
[2018] EWHC 1765 (QB)
Parties
Claimant/respondent: TPE; Defendant/appellant: Harvey Franks
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Appeal (civil) / Appeal Against Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside.
Legal Topics
Default Judgment, Limitation Act 1980, Section 33 Discretion, Sexual Offences, Relief From Sanctions
Civil Procedure Personal Injury Limitation Default Judgment Limitation Act 1980 Section 33 Discretion Sexual Offences Relief From Sanctions

Case Brief

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Parties

TPE

Claimant/respondent

Harvey Franks

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal Against Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Master erred in refusing to set aside default judgment against the Appellant
  2. 2 Whether the Master was entitled to consider section 33 of the Limitation Act 1980 at the set aside hearing
  3. 3 Whether the Appellant had a real prospect of defending the claim on limitation grounds

Ratio Decidendi

The Master erred in principle by not properly analysing the section 33(3) criteria, by dividing the limitation period into segments rather than considering the whole period, and by failing to require cogent evidence from the claimant as to the reasons for delay. On the material before the court, there was a real prospect of the Appellant defending the claim on limitation grounds, and the default judgment should be set aside.

Court Disposition

Appeal allowed; default judgment set aside.

Orders

  • Default judgment in favour of the Claimant is set aside.
  • Relief from sanctions granted to the Appellant.