Gahir v Bansal [2016] EWHC 2041 (QB) (03 August 2016)

Gahir v Bansal [2016] EWHC 2041 (QB) (03 August 2016)

Despite inordinate and unjustified delay by the Defendant, the weaknesses and unanswered questions in the Claimant's expert evidence mean the Defendant has a real prospect of defending the claim. The balance of justice narrowly favours setting aside the default judgment, subject to strict case management and costs protection for the Claimant.

Citation
[2016] EWHC 2041
Parties
Claimant: Gurmukh Singh Gahir; Defendant: Gurdial Singh Bansal
Jurisdiction
England and Wales
Judgment Date
03 August 2016
Procedural Posture
Libel Action (defamation) / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment granted
Legal Topics
Default Judgment, Setting Aside Judgment, Delay in Litigation, Expert Evidence, Vindication in Defamation
Defamation Civil Procedure Default Judgment Setting Aside Judgment Delay in Litigation Expert Evidence Vindication in Defamation

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Parties

Gurmukh Singh Gahir

Claimant

Gurdial Singh Bansal

Defendant

Procedural Posture

Libel Action (defamation) / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the Defendant should be set aside under CPR 13.3(1)(a)
  2. 2 Whether the Defendant has a real prospect of successfully defending the claim
  3. 3 Whether the Defendant's delay in applying to set aside the judgment is fatal to his application

Ratio Decidendi

Despite inordinate and unjustified delay by the Defendant, the weaknesses and unanswered questions in the Claimant's expert evidence mean the Defendant has a real prospect of defending the claim. The balance of justice narrowly favours setting aside the default judgment, subject to strict case management and costs protection for the Claimant.

Court Disposition

Application to set aside default judgment granted

Orders

  • Default judgment set aside
  • Defendant to file a properly pleaded defence as soon as possible