Bank of Scotland Plc v Hurst

Bank of Scotland Plc v Hurst

Judge Harris was entitled to substitute his own discretion for that of the district judge, having properly applied the three-stage test in Denton and found no good reason for the breach or delay; the appeal did not raise any important point of principle or practice and lacked compelling reason.

Parties
Appellant/defendant: Bank of Scotland PLC; Respondent/claimant: Mrs Hurst
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Civil / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Relief From Sanction, Default Judgment, Appeal, Case Management Discretion
Civil Procedure Relief From Sanction Default Judgment Appeal Case Management Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Bank of Scotland PLC

Appellant/defendant

Mrs Hurst

Respondent/claimant

Procedural Posture

Civil / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to set aside default judgment after non-compliance with an unless order
  2. 2 Whether the exercise of discretion by the judge was flawed
  3. 3 Whether the appeal meets the criteria for a second appeal

Ratio Decidendi

Judge Harris was entitled to substitute his own discretion for that of the district judge, having properly applied the three-stage test in Denton and found no good reason for the breach or delay; the appeal did not raise any important point of principle or practice and lacked compelling reason.

Court Disposition

application refused

Orders

  • renewed application for permission to appeal is refused