Samara v MBI & Partners UK Ltd & Anor

Samara v MBI & Partners UK Ltd & Anor

The application to set aside the default judgment was not made promptly as required by CPR 13.3(2); the delay was serious, sustained, and inexcusable, and there was no good reason for it. The new regime for relief from sanctions applies, and the Master was correct to refuse to set aside the judgment even though the First Defendant had a real prospect of success on the limitation defence.

Parties
Claimant/respondent: Mr Samir Ramzi Samara; First Defendant/appellant: MBI & Partners UK Limited; Second Defendant: AJWA RMTI CO
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Civil Appeal / Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Limitation Period, Promptness of Application, Relief From Sanctions
Civil Procedure Default Judgment Setting Aside Judgment Limitation Period Promptness of Application Relief From Sanctions

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Parties

Mr Samir Ramzi Samara

Claimant/respondent

MBI & Partners UK Limited

First Defendant/appellant

AJWA RMTI CO

Second Defendant

Procedural Posture

Civil Appeal / Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the court should set aside a default judgment under CPR 13.3 given the delay in making the application
  2. 2 Whether the new post-Jackson regime for relief from sanctions applies to applications under CPR 13.3
  3. 3 Whether the First Defendant's limitation defence had a real prospect of success

Ratio Decidendi

The application to set aside the default judgment was not made promptly as required by CPR 13.3(2); the delay was serious, sustained, and inexcusable, and there was no good reason for it. The new regime for relief from sanctions applies, and the Master was correct to refuse to set aside the judgment even though the First Defendant had a real prospect of success on the limitation defence.

Court Disposition

Appeal dismissed

Orders

  • Default judgment stands; application to set aside refused