Praetura Asset Finance Ltd v Hood [2019] EWHC 2231 (Comm) (31 July 2019)

Praetura Asset Finance Ltd v Hood [2019] EWHC 2231 (Comm) (31 July 2019)

The application to set aside was not made promptly and there was no good reason for failing to serve a defence, but the defendant has a real prospect of defending the claim on the basis of estoppel by representation. The default judgment is therefore set aside in its entirety, as the defence should be allowed to be tested at trial.

Citation
[2019] EWHC 2231 (Comm)
Parties
Claimant/respondent: Praetura Asset Finance Limited; Defendant/applicant: Derek Thomas Hood
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Commercial Claim (default Judgment, Application to Set Aside) / Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Application allowed; default judgment set aside.
Legal Topics
Default Judgment, Setting Aside Judgment, Hire Purchase Agreement, Estoppel, Consumer Credit Act, Costs
Civil Procedure Commercial Law Default Judgment Setting Aside Judgment Hire Purchase Agreement Estoppel Consumer Credit Act Costs

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Parties

Praetura Asset Finance Limited

Claimant/respondent

Derek Thomas Hood

Defendant/applicant

Procedural Posture

Commercial Claim (default Judgment, Application to Set Aside) / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the default judgment should be set aside under CPR 13.3
  2. 2 Whether the application to set aside was made promptly
  3. 3 Whether the defendant has a real prospect of successfully defending the claim

Ratio Decidendi

The application to set aside was not made promptly and there was no good reason for failing to serve a defence, but the defendant has a real prospect of defending the claim on the basis of estoppel by representation. The default judgment is therefore set aside in its entirety, as the defence should be allowed to be tested at trial.

Court Disposition

Application allowed; default judgment set aside.

Orders

  • Default judgment set aside in full.
  • Costs in the case (costs to follow outcome at trial).