Almond & Ors v Medgolf Properties Ltd & Ors (1)
Claimants are entitled to default judgment as acknowledgment of service was not filed at the time of application and late provision does not suffice; adjournment for extension of time is refused due to lack of explanation and delay.
- Parties
- Claimant: Ian Almond & Others; Defendant: Medgolf Properties Limited & Others; Claimant: Lijana Armailaite & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 19 May 2015
- Procedural Posture
- Civil / Application for Default Judgment
- Outcome
- Default judgment granted against defendants; application for adjournment dismissed.
- Legal Topics
- Default Judgment, Acknowledgment of Service, Extension of Time, Adjournment
Case Brief
Summary, issues, holding and outcome
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Parties
Ian Almond & Others
Claimant
Medgolf Properties Limited & Others
Defendant
Lijana Armailaite & Others
Claimant
Procedural Posture
Civil / Application for Default Judgment
Legal Issues
- 1 Whether claimants are entitled to default judgment when acknowledgment of service is filed late or not filed
- 2 Whether late provision of acknowledgment of service avoids default judgment
- 3 Whether adjournment should be granted for extension of time
Ratio Decidendi
Claimants are entitled to default judgment as acknowledgment of service was not filed at the time of application and late provision does not suffice; adjournment for extension of time is refused due to lack of explanation and delay.
Court Disposition
Default judgment granted against defendants; application for adjournment dismissed.
Orders
- Default judgment entered against defendants who failed to file acknowledgment of service.
- Application for adjournment refused.
Full Case Text
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