Khan v Edgbaston Holdings Ltd

Khan v Edgbaston Holdings Ltd

The application to set aside default judgment was not made promptly and no credible justification for the delay was provided. Edgbaston Holdings Limited failed to show a real prospect of successfully defending the claim, as the evidence was inadequate and did not raise a triable issue.

Parties
Respondent: Salim Khan; Appellant: Edgbaston Holdings Limited
Jurisdiction
England and Wales
Judgment Date
17 January 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (from Refusal to Set Aside Default Judgment)
Outcome
Application refused
Legal Topics
Setting Aside Default Judgment, Promptness of Application, Real Prospect of Defence, CPR Part 13.3
Civil Procedure Setting Aside Default Judgment Promptness of Application Real Prospect of Defence CPR Part 13.3

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Parties

Salim Khan

Respondent

Edgbaston Holdings Limited

Appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (from Refusal to Set Aside Default Judgment)

Legal Issues

  1. 1 Whether the application to set aside default judgment was made promptly
  2. 2 Whether Edgbaston Holdings Limited had a real prospect of successfully defending the claim

Ratio Decidendi

The application to set aside default judgment was not made promptly and no credible justification for the delay was provided. Edgbaston Holdings Limited failed to show a real prospect of successfully defending the claim, as the evidence was inadequate and did not raise a triable issue.

Court Disposition

Application refused

Orders

  • Permission to appeal refused