Cole & Ors v Howarth & Ors [2022] EWHC 1268 (Ch) (15 March 2022)

Cole & Ors v Howarth & Ors [2022] EWHC 1268 (Ch) (15 March 2022)

The application to set aside summary judgment was refused because the defendant failed to act promptly, and allowing the application at this late stage would prejudice the fair conduct of the trial.

Citation
[2022] EWHC 1268 (Ch)
Parties
Claimant: Roy Harry Cole; Claimant: Bury Van Hire Limited; Claimant: Bury Vehicle Leasing Limited; Claimant: H&A Holdings Limited; Defendant: Andrew Howarth; Defendant: Max Henry Kay; Defendant: Joseph Tyrrell
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Civil / Application to Set Aside Summary Judgment
Outcome
Application to set aside summary judgment refused
Legal Topics
Setting Aside Judgment, Summary Judgment, Promptness of Application, Defence to Claim
Civil Procedure Setting Aside Judgment Summary Judgment Promptness of Application Defence to Claim

Case Brief

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Parties

Roy Harry Cole

Claimant

Bury Van Hire Limited

Claimant

Bury Vehicle Leasing Limited

Claimant

H&A Holdings Limited

Claimant

Andrew Howarth

Defendant

Max Henry Kay

Defendant

Joseph Tyrrell

Defendant

Procedural Posture

Civil / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Whether the application to set aside summary judgment should be granted
  2. 2 Whether the defendant acted promptly in making the application
  3. 3 Whether the defendant has a real prospect of successfully defending the claim

Ratio Decidendi

The application to set aside summary judgment was refused because the defendant failed to act promptly, and allowing the application at this late stage would prejudice the fair conduct of the trial.

Court Disposition

Application to set aside summary judgment refused

Orders

  • Application to set aside summary judgment is refused