The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor

The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor

The defendants failed to act promptly in applying to set aside the default judgment, provided no adequate explanation for delay, and did not present a defence with realistic prospects of success. Judgment is regular and stands.

Parties
Claimant: The Lord Chancellor (as Successor to the Legal Services Commission); First Defendant: Astrid Halberstadt-Twum (t/a Cleveland Solicitors); Second Defendant: Joseph Twum
Jurisdiction
England and Wales
Judgment Date
01 March 2021
Procedural Posture
Civil / Application to Set Aside/vary Default Judgment
Outcome
Application to set aside or vary default judgment refused.
Legal Topics
Default Judgment, Setting Aside Judgment, Breach of Contract, Fraud, Unjust Enrichment, Limitation, Legal Representation, Promptness
Civil Procedure Contract Law Fraud Restitution Default Judgment Setting Aside Judgment Breach of Contract Unjust Enrichment +3 more

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Parties

The Lord Chancellor (as Successor to the Legal Services Commission)

Claimant

Astrid Halberstadt-Twum (t/a Cleveland Solicitors)

First Defendant

Joseph Twum

Second Defendant

Procedural Posture

Civil / Application to Set Aside/vary Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside or varied under CPR 13.3
  2. 2 Whether the defendants acted promptly in making the application
  3. 3 Whether the defendants have a real prospect of successfully defending the claim

Ratio Decidendi

The defendants failed to act promptly in applying to set aside the default judgment, provided no adequate explanation for delay, and did not present a defence with realistic prospects of success. Judgment is regular and stands.

Court Disposition

Application to set aside or vary default judgment refused.

Orders

  • Default judgment stands.
  • Costs to be decided and assessed; parties to file written submissions if costs are disputed.