Ipsum Capital Ltd v Lyall & Ors

Ipsum Capital Ltd v Lyall & Ors

Defendants demonstrated a real prospect of success in their defence based on alleged misrepresentation and undue influence, and the mistake in service was genuine. The claimant was aware of the defence contents within the deadline. Relief from sanctions is granted and default judgment set aside.

Parties
Claimant: Ipsum Capital Limited; Defendants: Lyall & Ors.
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Commercial / Application to Set Aside Default Judgment
Outcome
application granted
Legal Topics
Personal Guarantee, Default Judgment, Relief From Sanctions, Misrepresentation, Undue Influence, Service by Email
Contract Banking Civil Procedure Personal Guarantee Default Judgment Relief From Sanctions Misrepresentation Undue Influence +1 more

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Parties

Ipsum Capital Limited

Claimant

Lyall & Ors.

Defendants

Procedural Posture

Commercial / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the claimant is estopped from denying receipt of defence and counterclaim by email
  2. 2 Whether defendants should be granted relief from sanctions for late service
  3. 3 Whether default judgment should be set aside under CPR 13.3

Ratio Decidendi

Defendants demonstrated a real prospect of success in their defence based on alleged misrepresentation and undue influence, and the mistake in service was genuine. The claimant was aware of the defence contents within the deadline. Relief from sanctions is granted and default judgment set aside.

Court Disposition

application granted

Orders

  • Relief from sanctions granted
  • Default judgment set aside