Stephen Joseph Redmond v Declan Patrick O'Hara

Stephen Joseph Redmond v Declan Patrick O'Hara

The Defendant has established a defence with a real prospect of success regarding repayment of monies, though the defence is shadowy. The application to set aside is granted, but the charging order remains pending trial.

Parties
Claimant: Stephen Joseph Redmond; Defendant: Declan Patrick O’Hara
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment granted with conditions
Legal Topics
Default Judgment, Setting Aside Judgment, Charging Order, Order for Sale
Civil Procedure Default Judgment Setting Aside Judgment Charging Order Order for Sale

Case Brief

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Parties

Stephen Joseph Redmond

Claimant

Declan Patrick O’Hara

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the Defendant's application to set aside default judgment was made promptly
  2. 2 Whether the Defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is some other good reason to set aside the default judgment

Ratio Decidendi

The Defendant has established a defence with a real prospect of success regarding repayment of monies, though the defence is shadowy. The application to set aside is granted, but the charging order remains pending trial.

Court Disposition

Application to set aside default judgment granted with conditions

Orders

  • Default judgment set aside
  • Charging order to remain in place pending trial