RS v LS & LMP [2018] EWHC 449 (Fam) (07 March 2018)

RS v LS & LMP [2018] EWHC 449 (Fam) (07 March 2018)

Default judgment in the sum of £107,361.07 is set aside due to failure to serve a response pack and LS's arguable defence regarding contractual interest; judgment is replaced with a reduced sum of £69,906 for principal debt, with LS permitted to defend the claim as to interest.

Citation
[2018] EWHC 449
Parties
Petitioner: RS; First Respondent: LS; Second Respondent: Levison Meltzer Pigott
Jurisdiction
England and Wales
Judgment Date
07 March 2018
Procedural Posture
Application to Set Aside Default Judgment (debt Recovery Proceedings) / Post Judgment, Application to Set Aside Default Judgment
Outcome
Default judgment set aside in part; judgment varied and replaced with reduced sum; stay of execution granted.
Legal Topics
Default Judgment, Debt Recovery, Contractual Variation, Interest on Costs, Service of Process, Financial Remedies
Family Law Civil Procedure Default Judgment Debt Recovery Contractual Variation Interest on Costs Service of Process Financial Remedies

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Parties

RS

Petitioner

LS

First Respondent

Levison Meltzer Pigott

Second Respondent

Procedural Posture

Application to Set Aside Default Judgment (debt Recovery Proceedings) / Post Judgment, Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside due to failure to serve response pack
  2. 2 Whether LS has a real prospect of defending the claim regarding contractual interest
  3. 3 Whether delay in applying to set aside judgment bars relief

Ratio Decidendi

Default judgment in the sum of £107,361.07 is set aside due to failure to serve a response pack and LS's arguable defence regarding contractual interest; judgment is replaced with a reduced sum of £69,906 for principal debt, with LS permitted to defend the claim as to interest.

Court Disposition

Default judgment set aside in part; judgment varied and replaced with reduced sum; stay of execution granted.

Orders

  • Default judgment of £107,361.07 set aside.
  • Judgment entered for LMP in sum of £69,906.