Hanson & Ors v Carlino & Anor

Hanson & Ors v Carlino & Anor

Judgment in default of defence is granted because the First Defendant failed to file a defence within the prescribed time, provided no sufficient reason for the delay, and his conduct throughout the proceedings demonstrated a serious and significant failure to engage, justifying the sanction. The application for extension of time is dismissed as there is no good reason for the delay and the Claimants have suffered prejudice.

Parties
Claimant: Hanson & Ors; Defendant: Carlino & Anor
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Civil (chancery Division) / Application for Default Judgment and Related Interim Applications
Outcome
Judgment in default of defence granted against the First Defendant. Application for extension of time dismissed. No order on Claimants’ set aside application.
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Proprietary Injunction, Service of Process
Civil Procedure Equity Default Judgment Extension of Time Relief From Sanctions Proprietary Injunction Service of Process

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Parties

Hanson & Ors

Claimant

Carlino & Anor

Defendant

Procedural Posture

Civil (chancery Division) / Application for Default Judgment and Related Interim Applications

Legal Issues

  1. 1 Whether default judgment should be entered against the First Defendant for failure to file a defence within time
  2. 2 Whether the First Defendant should be granted an extension of time to file an acknowledgement of service and defence
  3. 3 Whether the Claimants' application to set aside the late acknowledgement of service should be granted

Ratio Decidendi

Judgment in default of defence is granted because the First Defendant failed to file a defence within the prescribed time, provided no sufficient reason for the delay, and his conduct throughout the proceedings demonstrated a serious and significant failure to engage, justifying the sanction. The application for extension of time is dismissed as there is no good reason for the delay and the Claimants have suffered prejudice.

Court Disposition

Judgment in default of defence granted against the First Defendant. Application for extension of time dismissed. No order on Claimants’ set aside application.

Orders

  • Judgment in default of defence entered against the First Defendant.
  • First Defendant’s application for extension of time dismissed.