Meyer v Baynes
The defence advanced by Mr Meyer did not constitute exceptional circumstances under CPR rule 13.3(2) as it was not a knock out point and did not provide a compelling reason to set aside the default judgment. The Court of Appeal was correct in its interpretation and application of the rule and in exercising its control over leave to appeal.
- Parties
- Appellant: Meyer; Respondent: Baynes
- Jurisdiction
- England and Wales
- Judgment Date
- 21 January 2019
- Procedural Posture
- Civil Appeal / Final Appeal Before Privy Council
- Outcome
- appeal dismissed
- Legal Topics
- Default Judgment, Exceptional Circumstances, Breach of Statutory Duty, Vicarious Liability, Leave to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Meyer
Appellant
Baynes
Respondent
Procedural Posture
Civil Appeal / Final Appeal Before Privy Council
Legal Issues
- 1 Whether the defence advanced by Mr Meyer amounted to exceptional circumstances under CPR rule 13.3(2) warranting setting aside a default judgment
- 2 Whether Mr Meyer had an appeal to the Board as of right under section 122(1)(a) of The Antigua and Barbuda Constitution Order 1981
Ratio Decidendi
The defence advanced by Mr Meyer did not constitute exceptional circumstances under CPR rule 13.3(2) as it was not a knock out point and did not provide a compelling reason to set aside the default judgment. The Court of Appeal was correct in its interpretation and application of the rule and in exercising its control over leave to appeal.
Court Disposition
appeal dismissed
Orders
- Appellant to pay respondent’s costs of the appeal to the Board, subject to written submissions within 14 days.
Full Case Text
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