Bank of Ireland & Anor v Rafiq [2013] EWHC 768 (Ch) (22 February 2013)

Bank of Ireland & Anor v Rafiq [2013] EWHC 768 (Ch) (22 February 2013)

The defendant deliberately chose not to engage in the proceedings, was aware of the time limits, and provided no good explanation for the delay. The court, applying the CPR 3.9 checklist and the overriding objective, found that the interests of justice and compliance with the rules outweighed any injustice to the defendant. Accordingly, the court refused to grant an extension of time or relief from sanctions and entered default judgment for the claimants.

Citation
[2013] EWHC 768 (Ch)
Parties
Claimant: Governor & Company of the Bank of Ireland & Another; Defendant: Rafiq
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Civil (chancery Division) / Application for Default Judgment and Application for Extension of Time to File Defence
Outcome
Default judgment granted for the claimants; application for extension of time/refusal of relief from sanctions for the defendant refused.
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Employee Dishonesty, Freezing Order
Civil Procedure Banking Law Employment Law Default Judgment Extension of Time Relief From Sanctions Employee Dishonesty Freezing Order

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Parties

Governor & Company of the Bank of Ireland & Another

Claimant

Rafiq

Defendant

Procedural Posture

Civil (chancery Division) / Application for Default Judgment and Application for Extension of Time to File Defence

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time to file a defence after failing to acknowledge service or serve a defence within the required period
  2. 2 Whether default judgment should be entered for the claimants for the sum claimed

Ratio Decidendi

The defendant deliberately chose not to engage in the proceedings, was aware of the time limits, and provided no good explanation for the delay. The court, applying the CPR 3.9 checklist and the overriding objective, found that the interests of justice and compliance with the rules outweighed any injustice to the defendant. Accordingly, the court refused to grant an extension of time or relief from sanctions and entered default judgment for the claimants.

Court Disposition

Default judgment granted for the claimants; application for extension of time/refusal of relief from sanctions for the defendant refused.

Orders

  • Default judgment entered for £919,708.25 in favour of the claimants
  • Further submissions to be heard on interest and costs