Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) (11 November 2022)

Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) (11 November 2022)

The default judgment is set aside because, by a narrow margin, the first defendant has demonstrated a realistic prospect of successfully defending the claim and there are other good reasons to allow the defence to proceed, including the need for both parties to present their best evidence, the lack of finality in the default judgment, and the short period of delay following the final consensual extension. The overriding objective and the interests of justice require that the defence be allowed to proceed.

Citation
[2022] EWHC 2821 (KB)
Parties
Claimant: Mrs Caroline Bailey; First Defendant: Dr Monica Bijlani; Second Defendant: MBNA
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Civil Clinical Negligence / Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Relief From Sanctions, Professional Negligence, Dental Malpractice, Setting Aside Judgment
Civil Procedure Clinical Negligence Default Judgment Relief From Sanctions Professional Negligence Dental Malpractice Setting Aside Judgment

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Parties

Mrs Caroline Bailey

Claimant

Dr Monica Bijlani

First Defendant

MBNA

Second Defendant

Procedural Posture

Civil Clinical Negligence / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the first defendant should be set aside under CPR 13.3
  2. 2 Whether the first defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is any other good reason to set aside the judgment

Ratio Decidendi

The default judgment is set aside because, by a narrow margin, the first defendant has demonstrated a realistic prospect of successfully defending the claim and there are other good reasons to allow the defence to proceed, including the need for both parties to present their best evidence, the lack of finality in the default judgment, and the short period of delay following the final consensual extension. The overriding objective and the interests of justice require that the defence be allowed to proceed.

Court Disposition

Default judgment set aside

Orders

  • Default judgment entered on 21 February 2022 is set aside.
  • The first defendant is permitted to defend the claim.