PXC v AB College & Ors

PXC v AB College & Ors

The default judgment is set aside because the Third Defendant has a real prospect of successfully defending the claim, supported by consistent contemporaneous evidence that it did not own, occupy, or control Richmond Ice Rink. Although the application was not prompt and the delay was inexcusable, the strength of the defence and the scale of public funds at stake outweigh the procedural default. The overriding objective and the need to avoid injustice require that the defence be allowed to proceed.

Parties
Claimant: PXC; First Defendant: AB College; Third Defendant: London Borough of Richmond Upon Thames
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
default judgment set aside
Legal Topics
Default Judgment, Relief From Sanctions, Mesothelioma, Asbestos Exposure, Promptitude, Overriding Objective
Civil Procedure Personal Injury Default Judgment Relief From Sanctions Mesothelioma Asbestos Exposure Promptitude Overriding Objective

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Parties

PXC

Claimant

AB College

First Defendant

London Borough of Richmond Upon Thames

Third Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the Third Defendant should be set aside under CPR 13.3
  2. 2 Whether the application to set aside was made promptly
  3. 3 Whether the Third Defendant has a real prospect of successfully defending the claim

Ratio Decidendi

The default judgment is set aside because the Third Defendant has a real prospect of successfully defending the claim, supported by consistent contemporaneous evidence that it did not own, occupy, or control Richmond Ice Rink. Although the application was not prompt and the delay was inexcusable, the strength of the defence and the scale of public funds at stake outweigh the procedural default. The overriding objective and the need to avoid injustice require that the defence be allowed to proceed.

Court Disposition

default judgment set aside

Orders

  • The default judgment of Master Thornett dated 9th July 2021 is set aside.
  • Richmond's application to adjourn the quantum trial is rendered redundant and not decided.