Gentry v Miller & Anor [2016] EWCA Civ 141 (09 March 2016)

Gentry v Miller & Anor [2016] EWCA Civ 141 (09 March 2016)

The insurer failed to act promptly in applying to set aside the default judgment and damages order, and provided no adequate justification for its delay. Allegations of fraud do not exempt a party from the requirements of the Civil Procedure Rules or the Denton/Mitchell principles. The insurer, as a professional litigant, had every opportunity to protect its position but failed to do so. Relief from sanctions was therefore refused.

Citation
[2016] EWCA Civ 141
Parties
Claimant/appellant: Stuart John Gentry; 1st Defendant: Lee Miller; 2nd Defendant/respondent: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal allowed; insurer's application to set aside judgments dismissed.
Legal Topics
Relief From Sanctions, Default Judgment, Fraud Allegations, Promptness of Application, Civil Procedure Rules (cpr)
Civil Procedure Insurance Law Relief From Sanctions Default Judgment Fraud Allegations Promptness of Application Civil Procedure Rules (cpr)

Case Brief

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Parties

Stuart John Gentry

Claimant/appellant

Lee Miller

1st Defendant

UK Insurance Limited

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal

Legal Issues

  1. 1 Whether relief from sanctions should be granted to set aside default judgment and damages order where insurer delayed in applying but alleges fraud
  2. 2 Whether the Denton/Mitchell principles apply to fraud allegations in relief from sanctions applications
  3. 3 Whether the insurer acted promptly in seeking to set aside judgments

Ratio Decidendi

The insurer failed to act promptly in applying to set aside the default judgment and damages order, and provided no adequate justification for its delay. Allegations of fraud do not exempt a party from the requirements of the Civil Procedure Rules or the Denton/Mitchell principles. The insurer, as a professional litigant, had every opportunity to protect its position but failed to do so. Relief from sanctions was therefore refused.

Court Disposition

Appeal allowed; insurer's application to set aside judgments dismissed.

Orders

  • Insurer's application of 26 February 2014 to set aside default judgment and damages order is dismissed.