Almond & Ors v Medgolf Properties Ltd & Ors (1) [2015] EWHC 3280 (Comm) (19 May 2015)

Almond & Ors v Medgolf Properties Ltd & Ors (1) [2015] EWHC 3280 (Comm) (19 May 2015)

The right to default judgment is determined at the date of the application; since no acknowledgment of service was filed at court by that date, and no adequate explanation for delay was provided, default judgment is granted and adjournment refused.

Citation
[2015] EWHC 3280 (Comm)
Parties
Claimant: Ian Almond & Others; Defendant: Medgolf Properties Limited & Others; Claimant: Lijana Armailaite & Others; Defendant: Third & Nineteenth Defendants in Case No. 2013-000541
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Commercial Court Proceedings (applications for Default Judgment) / Hearing of Applications for Default Judgment Due to Non Filing of Acknowledgment of Service
Outcome
Default judgment granted against relevant defendants; application for adjournment refused.
Legal Topics
Default Judgment, Acknowledgment of Service, Extension of Time, Adjournment, Service Out of Jurisdiction
Civil Procedure Default Judgment Acknowledgment of Service Extension of Time Adjournment Service Out of Jurisdiction

Case Brief

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Parties

Ian Almond & Others

Claimant

Medgolf Properties Limited & Others

Defendant

Lijana Armailaite & Others

Claimant

Third & Nineteenth Defendants in Case No. 2013-000541

Defendant

Procedural Posture

Commercial Court Proceedings (applications for Default Judgment) / Hearing of Applications for Default Judgment Due to Non Filing of Acknowledgment of Service

Legal Issues

  1. 1 Whether claimants are entitled to default judgment where defendants have not filed acknowledgment of service by the time of the application
  2. 2 Whether late provision of acknowledgment of service to claimants (but not filed at court) prevents default judgment
  3. 3 Whether adjournment should be granted to allow application for extension of time for acknowledgment of service

Ratio Decidendi

The right to default judgment is determined at the date of the application; since no acknowledgment of service was filed at court by that date, and no adequate explanation for delay was provided, default judgment is granted and adjournment refused.

Court Disposition

Default judgment granted against relevant defendants; application for adjournment refused.

Orders

  • Default judgment entered against defendants who failed to file acknowledgment of service.
  • Application for adjournment refused.