Almond & Ors v Medgolf Properties Ltd & Ors (1)

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

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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

  1. 1 Whether claimants are entitled to default judgment when acknowledgment of service is filed late or not filed
  2. 2 Whether late provision of acknowledgment of service avoids default judgment
  3. 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.