Carpmaels & Ransford Llp & Anor v Regen Lab SA

Carpmaels & Ransford Llp & Anor v Regen Lab SA

The defendant failed to provide any good reason for not filing a defence, had a history of procedural non-compliance, and provided no substantive evidence challenging the bills. There was no real prospect of a successful defence, nor any special circumstances justifying an assessment under section 70(3) of the Solicitors Act 1974. The application to set aside judgment and for assessment was refused.

Parties
Claimant: Carpmaels & Ransford LLP; Claimant: Collyer Bristow LLP; Defendant: Regen Lab SA
Jurisdiction
England and Wales
Judgment Date
17 February 2021
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside judgment refused; application for assessment under section 70(3) refused.
Legal Topics
Relief From Sanctions, Solicitors' Fees, Default Judgment, Assessment of Costs
Civil Procedure Legal Profession Relief From Sanctions Solicitors' Fees Default Judgment Assessment of Costs

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Parties

Carpmaels & Ransford LLP

Claimant

Collyer Bristow LLP

Claimant

Regen Lab SA

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant is entitled to have the default judgment set aside under CPR 13.3 and Denton principles
  2. 2 Whether there is a real prospect of a successful defence to the claim for solicitors' fees
  3. 3 Whether there are special circumstances justifying an assessment under section 70(3) of the Solicitors Act 1974

Ratio Decidendi

The defendant failed to provide any good reason for not filing a defence, had a history of procedural non-compliance, and provided no substantive evidence challenging the bills. There was no real prospect of a successful defence, nor any special circumstances justifying an assessment under section 70(3) of the Solicitors Act 1974. The application to set aside judgment and for assessment was refused.

Court Disposition

Application to set aside judgment refused; application for assessment under section 70(3) refused.

Orders

  • Default judgment stands for the claimants for unpaid solicitors' fees.
  • Application for assessment of bills under section 70(3) of the Solicitors Act 1974 refused.