Billington v Davies & Anor [2016] EWHC 1919 (Ch) (28 July 2016)

The application for extension of time to file Defence is refused because the breach was serious and significant, no good reason was provided for the delay (lack of funding and without prejudice negotiations are not valid reasons), and all circumstances considered do not justify exercising discretion to extend time.

Citation: [2016] EWHC 1919 (Ch)
Parties: Claimant: Ian Timothy Billington; First Defendant: Simon Davies; Second Defendant: Soane Capital Limited
Jurisdiction: England and Wales
Judgment Date: 28 July 2016
Procedural Posture: Civil Claim / Application for Extension of Time to File Defence
Outcome: Application for extension of time refused
Legal Topics: Extension of Time, Relief From Sanctions, Default Judgment

Civil Procedure Extension of Time Relief From Sanctions Default Judgment

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Ian Timothy Billington

Claimant

Simon Davies

First Defendant

Soane Capital Limited

Second Defendant

Procedural Posture

Civil Claim / Application for Extension of Time to File Defence

Legal Issues

1 Whether the late filing of a Defence bars default judgment under CPR 12.3(2)(a)
2 Whether an extension of time for filing Defence should be granted under CPR 3.1(2)(a)
3 Applicable principles for extension of time applications

Ratio Decidendi

Court Disposition

Application for extension of time refused

Orders

First Defendant's application to extend time for filing and serving Defence is rejected