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 First Defendant failed to apply promptly to set aside the default judgment, as required by CPR 13.3(2), and the delay was serious, sustained, and inexcusable. The new CPR regime applies, making promptness and compliance with rules paramount, and there was no good reason for the delay. The Master's decision was not wrong under either the new or old regime.

Citation
[2014] EWHC 563 (QB)
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 / Judgment on Appeal Against Refusal to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Limitation Period, Delay in Applications, Relief From Sanctions
Civil Procedure Default Judgment Setting Aside Judgment Limitation Period Delay in Applications 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 / Judgment on Appeal Against Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the court should set aside a default judgment where the defendant delayed in making the application
  2. 2 Whether the new CPR regime post-Jackson reforms applies to applications under CPR 13.3
  3. 3 Whether the limitation defence had a real prospect of success

Ratio Decidendi

The appeal is dismissed because the First Defendant failed to apply promptly to set aside the default judgment, as required by CPR 13.3(2), and the delay was serious, sustained, and inexcusable. The new CPR regime applies, making promptness and compliance with rules paramount, and there was no good reason for the delay. The Master's decision was not wrong under either the new or old regime.

Court Disposition

Appeal dismissed

Orders

  • Default judgment stands
  • No order to set aside judgment