Yellow Van Company Ltd v Driver

The application to set aside was not made promptly and the defendant did not demonstrate a real prospect of successfully defending the claim or any compelling reason to set aside the judgment.

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 / Ruling on Application
Outcome: application dismissed
Legal Topics: Passing Off, Trademark Infringement, Copyright Infringement, Default Judgment, Setting Aside Judgment

Intellectual Property Company Law Civil Procedure Passing Off Trademark Infringement Copyright Infringement Default Judgment Setting Aside 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 / Ruling on Application

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
3 Whether the application to set aside was made promptly

Ratio Decidendi

The application to set aside was not made promptly and the defendant did not demonstrate a real prospect of successfully defending the claim or any compelling reason to set aside the judgment.

Court Disposition

application dismissed