Yellow Van Company Ltd v Driver [2014] EWHC 2135 (IPEC) (27 May 2014)

The defendant's application was not made promptly and none of the grounds raised a real prospect of a successful defence or any other compelling reason to set aside the order.

Citation: [2014] EWHC 2135 (IPEC)
Parties: Claimant: Yellow Van Company Limited; Defendant: John Driver (aka Edward Peter Rayner)
Jurisdiction: England and Wales
Judgment Date: 27 May 2014
Procedural Posture: Application to Set Aside Default Judgment / Hearing of Defendant's Application to Set Aside Default Judgment
Outcome: Application to set aside default judgment dismissed
Legal Topics: Passing Off, Trademark Infringement, Copyright Infringement, Setting Aside Default Judgment

Intellectual Property Civil Procedure Passing Off Trademark Infringement Copyright Infringement Setting Aside Default Judgment

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Yellow Van Company Limited

Claimant

John Driver (aka Edward Peter Rayner)

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Hearing of Defendant's Application to Set Aside Default Judgment

Legal Issues

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

Ratio Decidendi

The defendant's application was not made promptly and none of the grounds raised a real prospect of a successful defence or any other compelling reason to set aside the order.

Court Disposition

Application to set aside default judgment dismissed

Orders

Application to set aside the order of Arnold J is dismissed