PXC v AB College & Ors [2022] EWHC 3571 (KB) (06 May 2022)

PXC v AB College & Ors [2022] EWHC 3571 (KB) (06 May 2022)

The application to set aside default judgment is determined by whether the Third Defendant has a real prospect of successfully defending the claim and whether, considering all circumstances including promptitude, the court's discretion should be exercised. The Denton relief from sanctions test does not strictly apply; promptitude is a significant but not fatal factor. The evidence provided by Richmond shows a real prospect of defence, and the delay, while serious, does not outweigh the merits of allowing the defence to proceed. Justice requires the default judgment be set aside to avoid substantive injustice.

Citation
[2022] EWHC 3571 (KB)
Parties
Claimant: PXC; First Defendant: AB College; Third Defendant: London Borough of Richmond Upon Thames
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Personal Injury Mesothelioma / Application to Set Aside Default Judgment and Adjourn Quantum Assessment
Outcome
Default judgment against the Third Defendant set aside; assessment of damages adjourned.
Legal Topics
Default Judgment, Relief From Sanctions, Mesothelioma, Duty of Care, Promptitude, Overriding Objective
Civil Procedure Personal Injury Tort Default Judgment Relief From Sanctions Mesothelioma Duty of Care Promptitude +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PXC

Claimant

AB College

First Defendant

London Borough of Richmond Upon Thames

Third Defendant

Procedural Posture

Personal Injury Mesothelioma / Application to Set Aside Default Judgment and Adjourn Quantum Assessment

Legal Issues

  1. 1 Whether default judgment against the Third Defendant should be set aside under CPR 13.3
  2. 2 Whether assessment of damages should be adjourned
  3. 3 Whether the Third Defendant has a real prospect of successfully defending the claim

Ratio Decidendi

The application to set aside default judgment is determined by whether the Third Defendant has a real prospect of successfully defending the claim and whether, considering all circumstances including promptitude, the court's discretion should be exercised. The Denton relief from sanctions test does not strictly apply; promptitude is a significant but not fatal factor. The evidence provided by Richmond shows a real prospect of defence, and the delay, while serious, does not outweigh the merits of allowing the defence to proceed. Justice requires the default judgment be set aside to avoid substantive injustice.

Court Disposition

Default judgment against the Third Defendant set aside; assessment of damages adjourned.

Orders

  • Default judgment of Master Thornett dated 9 July 2021 set aside as against London Borough of Richmond Upon Thames.
  • Assessment of damages adjourned pending determination of liability and quantum.