Priestley v Dunbar & Co (a firm)

Priestley v Dunbar & Co (a firm)

The District Judge erred in the exercise of discretion by failing to properly evaluate all relevant circumstances, including the seriousness of the judgment, the existence of a realistic defence, the amounts at stake, and the actual impact of the delay. Although the application to set aside was not made promptly, the delay was not so significant as to justify refusal to set aside the default judgment, especially given the context of the case and the overriding objective of dealing with cases justly.

Parties
Claimant: Dr Nicolas Max Priestley; Defendant: Dunbar & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
30 April 2015
Procedural Posture
Civil Appeal / Appeal Against Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside subject to conditions to be determined.
Legal Topics
Setting Aside Default Judgment, Promptness in Applications, Relief From Sanctions, Professional Negligence by Accountants
Civil Procedure Professional Negligence Setting Aside Default Judgment Promptness in Applications Relief From Sanctions Professional Negligence by Accountants

Case Brief

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Parties

Dr Nicolas Max Priestley

Claimant

Dunbar & Co (a firm)

Defendant

Procedural Posture

Civil Appeal / Appeal Against Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the application to set aside default judgment was made promptly under CPR 13.3
  2. 2 Whether the District Judge erred in exercising discretion by refusing to set aside the default judgment
  3. 3 Whether the delay in making the application was significant and justified refusal to set aside judgment

Ratio Decidendi

The District Judge erred in the exercise of discretion by failing to properly evaluate all relevant circumstances, including the seriousness of the judgment, the existence of a realistic defence, the amounts at stake, and the actual impact of the delay. Although the application to set aside was not made promptly, the delay was not so significant as to justify refusal to set aside the default judgment, especially given the context of the case and the overriding objective of dealing with cases justly.

Court Disposition

Appeal allowed; default judgment set aside subject to conditions to be determined.

Orders

  • Default judgment on liability set aside.
  • Matter to proceed to trial on liability and quantum.