Dalton v Gough Cooper & Company Ltd

Dalton v Gough Cooper & Company Ltd

The appeal was allowed because the lower court failed to consider material evidence and submissions showing that Gough Cooper had a real prospect of successfully defending the claim, and the lack of promptness in the application was not sufficient to justify maintaining the default judgment where a real prospect of success existed.

Parties
Respondent/claimant: Pamela June Dalton (executrix of the estate of Frederick John Dalton deceased); Appellant/defendant: Gough Cooper & Company Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Appeal / Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside.
Legal Topics
Setting Aside Default Judgment, CPR 13.3, Negligence, Breach of Statutory Duty, Asbestos Exposure, Delay in Procedural Compliance
Civil Procedure Tort Setting Aside Default Judgment CPR 13.3 Negligence Breach of Statutory Duty Asbestos Exposure Delay in Procedural Compliance

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Parties

Pamela June Dalton (executrix of the estate of Frederick John Dalton deceased)

Respondent/claimant

Gough Cooper & Company Limited

Appellant/defendant

Procedural Posture

Appeal / Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant (Gough Cooper) has a real prospect of successfully defending the claim under CPR 13.3(1)(a)
  2. 2 Whether there is some other good reason to set aside the default judgment under CPR 13.3(1)(b)
  3. 3 Whether the application to set aside was made promptly under CPR 13.3(2)

Ratio Decidendi

The appeal was allowed because the lower court failed to consider material evidence and submissions showing that Gough Cooper had a real prospect of successfully defending the claim, and the lack of promptness in the application was not sufficient to justify maintaining the default judgment where a real prospect of success existed.

Court Disposition

Appeal allowed; default judgment set aside.

Orders

  • The default judgment obtained on 3 December 2013 is set aside.
  • Costs to be determined if not agreed.