Berezovsky v Russian Television and Radio Broadcasting Co & Anor

The judgment in default was set aside because the defendant may have evidence to support a partial justification defence, and the seriousness of the allegations warrants a full hearing despite the defendant's lack of promptness.

Parties: Claimant: Boris Berezovsky; First Defendant: The Russian Television and Radio Broadcasting Company; Second Defendant: Vladimir Terluk
Jurisdiction: England and Wales
Judgment Date: 14 July 2009
Procedural Posture: Civil / Application to Set Aside Default Judgment
Outcome: Judgment in default set aside; defendant allowed to defend.
Legal Topics: Default Judgment, Setting Aside Judgment, Justification Defence, Libel

Defamation Civil Procedure Default Judgment Setting Aside Judgment Justification Defence Libel

Case Brief

Summary, issues, holding and outcome

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Parties

Boris Berezovsky

Claimant

The Russian Television and Radio Broadcasting Company

First Defendant

Vladimir Terluk

Second Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

1 Whether the default judgment should be set aside under CPR 13.3
2 Whether the defendant has a real prospect of successfully defending the claim
3 Whether there is another good reason to allow the defendant to defend

Ratio Decidendi

Court Disposition

Judgment in default set aside; defendant allowed to defend.

Orders

Judgment in default set aside.
Defendant to serve a statement of case setting out the basis for his defence of justification promptly.