Redmond v O'Hara [2024] EWHC 99 (Comm) (24 January 2024)

Redmond v O'Hara [2024] EWHC 99 (Comm) (24 January 2024)

The Defendant established a defence with a real prospect of success regarding repayment of the alleged loan, supported by documentary evidence, despite the defence being 'shadowy.' The application to set aside was not made promptly, but given the circumstances, including lack of legal representation and ambiguity in the case, the court granted the application on condition that the charging order remains pending trial.

Citation
[2024] EWHC 99 (Comm)
Parties
Claimant: Stephen Joseph Redmond; Defendant: Declan Patrick O'Hara
Jurisdiction
England and Wales
Judgment Date
24 January 2024
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Default judgment set aside, conditional on the charging order remaining in place pending trial.
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Real Prospect of Success, Charging Order
Civil Procedure Contract Law Default Judgment Setting Aside Judgment Service of Process Real Prospect of Success Charging Order

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Parties

Stephen Joseph Redmond

Claimant

Declan Patrick O'Hara

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the default judgment should be set aside under CPR 13.3(1)(a)
  2. 2 Whether the Defendant has a real prospect of successfully defending the claim
  3. 3 Whether there was undue delay in making the application to set aside

Ratio Decidendi

The Defendant established a defence with a real prospect of success regarding repayment of the alleged loan, supported by documentary evidence, despite the defence being 'shadowy.' The application to set aside was not made promptly, but given the circumstances, including lack of legal representation and ambiguity in the case, the court granted the application on condition that the charging order remains pending trial.

Court Disposition

Default judgment set aside, conditional on the charging order remaining in place pending trial.

Orders

  • Default judgment of 22 September 2021 set aside.
  • Charging order to remain in place pending trial.