RS v LS & LMP

Default judgment was set aside in relation to the interest element because LS was not served with a response pack, constituting a good reason under CPR r.13.3(1)(b), and she had a realistic prospect of defending the claim regarding interest. Judgment for the principal sum was maintained as LS had no arguable defence to that amount.

Parties: Petitioner: RS; First Respondent: LS; Second Respondent: Levison Meltzer Pigott
Jurisdiction: England and Wales
Judgment Date: 07 March 2018
Procedural Posture: Debt Recovery Proceedings Consolidated With Matrimonial Financial Remedy Proceedings / Application to Set Aside Default Judgment
Outcome: Default judgment set aside in part; judgment maintained for principal sum only
Legal Topics: Default Judgment, Debt Recovery, Costs, Contractual Variation, Interest on Judgment Debts

Family Law Civil Procedure Default Judgment Debt Recovery Costs Contractual Variation Interest on Judgment Debts

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4

Parties

Petitioner

First Respondent

Levison Meltzer Pigott

Second Respondent

Procedural Posture

Debt Recovery Proceedings Consolidated With Matrimonial Financial Remedy Proceedings / Application to Set Aside Default Judgment

Legal Issues

1 Whether default judgment should be set aside due to failure to serve response pack
2 Whether LS has a real prospect of defending the claim regarding interest
3 Effect of contractual variation on liability for interest

Ratio Decidendi

Court Disposition

Default judgment set aside in part; judgment maintained for principal sum only

Orders

Default judgment in the sum of £107,361.07 varied and replaced with judgment for £69,906 in favour of LMP
Stay of execution on judgment debt until 9 March 2018