Praetura Asset Finance Ltd v Hood

Praetura Asset Finance Ltd v Hood

The application to set aside the default judgment was not made promptly and there was no good reason for failing to serve a defence. However, the defendant raised an arguable defence of estoppel by representation with a real prospect of success. Given all circumstances, including the existence of a triable issue, the default judgment was set aside.

Parties
Claimant/respondent: Praetura Asset Finance Limited; Defendant/applicant: Derek Thomas Hood
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Civil Commercial / Application to Set Aside Default Judgment
Outcome
Application allowed; default judgment set aside.
Legal Topics
Default Judgment, Setting Aside Judgment, Hire Purchase Agreement, Estoppel, Promptness in Applications, Costs Orders
Civil Procedure Contract Law Commercial Law Default Judgment Setting Aside Judgment Hire Purchase Agreement Estoppel Promptness in Applications +1 more

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Parties

Praetura Asset Finance Limited

Claimant/respondent

Derek Thomas Hood

Defendant/applicant

Procedural Posture

Civil Commercial / Application to Set Aside Default Judgment

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 the default judgment was not made promptly and there was no good reason for failing to serve a defence. However, the defendant raised an arguable defence of estoppel by representation with a real prospect of success. Given all circumstances, including the existence of a triable issue, the default judgment was set aside.

Court Disposition

Application allowed; default judgment set aside.

Orders

  • Default judgment set aside.
  • Costs in the case; no summary assessment of costs.