Mullock v Price (t/a the Elms Hotel Restaurant)

Mullock v Price (t/a the Elms Hotel Restaurant)

The defendant did not act promptly in applying to set aside the default judgment, as he was aware of the judgment and failed to take action for almost two years. Reliance on insurance brokers does not excuse the delay. The circuit judge erred in considering reliance on brokers as a relevant factor. The discretion must be exercised in favour of the claimant to uphold the finality of judgments and the need for expeditious litigation.

Parties
Claimant: Mullock; Defendant: Price t/a The Elms Hotel Restaurant
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Application to Set Aside Default Judgment
Outcome
appeal allowed; application to set aside default judgment dismissed; default judgment restored
Legal Topics
Setting Aside Default Judgment, Promptness Under CPR 13.3(2), Finality of Judgments
Civil Procedure Setting Aside Default Judgment Promptness Under CPR 13.3(2) Finality of Judgments

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Parties

Mullock

Claimant

Price t/a The Elms Hotel Restaurant

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant acted promptly in applying to set aside default judgment under CPR 13.3(2)
  2. 2 Whether reliance on insurance brokers excuses delay in making the application

Ratio Decidendi

The defendant did not act promptly in applying to set aside the default judgment, as he was aware of the judgment and failed to take action for almost two years. Reliance on insurance brokers does not excuse the delay. The circuit judge erred in considering reliance on brokers as a relevant factor. The discretion must be exercised in favour of the claimant to uphold the finality of judgments and the need for expeditious litigation.

Court Disposition

appeal allowed; application to set aside default judgment dismissed; default judgment restored

Orders

  • The appeal is allowed.
  • The order of the circuit judge is set aside.