Bank of Ireland & Anor v Rafiq

Bank of Ireland & Anor v Rafiq

The defendant's failure to engage in the proceedings was a deliberate tactical decision, not justified by her personal circumstances. The delay was excessive and not promptly remedied. The interests of justice and the requirements of the rules outweigh the injustice to the defendant in refusing an extension of time. Default judgment is therefore granted for the sum claimed.

Parties
Claimant: Governor & Company of the Bank of Ireland & Another; Defendant: Rafiq
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Civil / Application for Default Judgment; Application for Extension of Time to File Defence
Outcome
Default judgment granted for the claimant; application for extension of time refused
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Employee Dishonesty, Freezing Order
Civil Procedure Employment Law Banking 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 / Application for Default Judgment; 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 file a defence within the prescribed period
  2. 2 Whether default judgment should be entered against the defendant for the sum claimed by the claimant bank

Ratio Decidendi

The defendant's failure to engage in the proceedings was a deliberate tactical decision, not justified by her personal circumstances. The delay was excessive and not promptly remedied. The interests of justice and the requirements of the rules outweigh the injustice to the defendant in refusing an extension of time. Default judgment is therefore granted for the sum claimed.

Court Disposition

Default judgment granted for the claimant; application for extension of time refused

Orders

  • Judgment in default for £919,708.25 in favour of the claimant
  • Further directions to be given regarding interest and costs