Hanson & Ors v Carlino & Anor [2019] EWHC 1940 (Ch) (24 May 2019)

Hanson & Ors v Carlino & Anor [2019] EWHC 1940 (Ch) (24 May 2019)

Default judgment in absence of defence is appropriate due to serious and significant delay, lack of engagement, and insufficient reasons for delay; proportionality and prejudice to Claimants support granting judgment.

Citation
[2019] EWHC 1940 (Ch)
Parties
Claimant: Hanson & Ors; First Defendant: Carlino; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Civil Claim for Misappropriation / Application for Default Judgment and Related Interim Applications
Outcome
Judgment in default of defence granted against First Defendant; no order on Claimants' set aside application; First Defendant's application for extension of time dismissed.
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Proprietary Injunction, Service of Proceedings
Civil Procedure Chancery Business Law Default Judgment Extension of Time Relief From Sanctions Proprietary Injunction Service of Proceedings

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Parties

Hanson & Ors

Claimant

Carlino

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil Claim for Misappropriation / Application for Default Judgment and Related Interim Applications

Legal Issues

  1. 1 Whether default judgment should be granted against the First Defendant for failure to file defence
  2. 2 Whether late acknowledgement of service and application for extension of time should be allowed
  3. 3 Whether the Claimants are prejudiced by the First Defendant's conduct

Ratio Decidendi

Default judgment in absence of defence is appropriate due to serious and significant delay, lack of engagement, and insufficient reasons for delay; proportionality and prejudice to Claimants support granting judgment.

Court Disposition

Judgment in default of defence granted against First Defendant; no order on Claimants' set aside application; First Defendant's application for extension of time dismissed.

Orders

  • Judgment in default of defence against First Defendant
  • No order on Claimants' set aside application