Billington v Davies & Anor

Billington v Davies & Anor

The application for extension of time to file a Defence was refused because the breach was serious and significant, there was no good reason for the delay, and all circumstances weighed against granting the extension; lack of funding and without prejudice negotiations do not justify non-compliance with procedural rules.

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 / Ruling on 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

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Parties

Ian Timothy Billington

Claimant

Simon Davies

First Defendant

Soane Capital Limited

Second Defendant

Procedural Posture

Civil / Ruling on Application for Extension of Time to File Defence

Legal Issues

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

Ratio Decidendi

The application for extension of time to file a Defence was refused because the breach was serious and significant, there was no good reason for the delay, and all circumstances weighed against granting the extension; lack of funding and without prejudice negotiations do not justify non-compliance with procedural rules.

Court Disposition

Application for extension of time refused

Orders

  • First Defendant's application for extension of time to file Defence is rejected