Khan v Edgbaston Holdings Ltd [2007] EWHC 2444 (QB) (17 October 2007)

Khan v Edgbaston Holdings Ltd [2007] EWHC 2444 (QB) (17 October 2007)

The defendant failed to act promptly and offered no credible justification for delay; no real prospect of successfully defending the claim as alleged misrepresentations were unchallenged and unsupported by evidence; no other good reason exists to set aside the default judgment.

Source-derived case information.

Citation
[2007] EWHC 2444 (QB)
Parties
Claimant: Mr Salim Khan; Defendant: Edgbaston Holdings Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2007
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment refused
Legal Topics
Default Judgment, Misrepresentation, Agency, Relief From Sanctions
Civil Procedure Contract Law Tort Law Default Judgment Misrepresentation Agency Relief From Sanctions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Salim Khan

Claimant

Edgbaston Holdings Limited

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant acted promptly in applying to set aside default judgment
  2. 2 Whether the defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is any other good reason to set aside the judgment

Ratio Decidendi

The defendant failed to act promptly and offered no credible justification for delay; no real prospect of successfully defending the claim as alleged misrepresentations were unchallenged and unsupported by evidence; no other good reason exists to set aside the default judgment.

Court Disposition

Application to set aside default judgment refused

Orders

  • Default judgment of 11 December 2006 stands
  • Assessment of damages to proceed on tortious basis