Bank of Scotland Plc v Hurst [2015] EWCA Civ 1451 (28 October 2015)

Bank of Scotland Plc v Hurst [2015] EWCA Civ 1451 (28 October 2015)

Judge Harris correctly applied the Denton three-stage test, found no good reason for breach or delay, and properly exercised discretion to restore default judgment; no error of law or compelling reason for appeal.

Citation
[2015] EWCA Civ 1451
Parties
Respondent/claimant: Bank of Scotland PLC; Appellant/defendant: Mrs Hurst
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
application refused
Legal Topics
Relief From Sanctions, Default Judgment, Appeal Criteria, Case Management Discretion
Civil Procedure Relief From Sanctions Default Judgment Appeal Criteria Case Management Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Bank of Scotland PLC

Respondent/claimant

Mrs Hurst

Appellant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the judge erred in refusing to set aside default judgment under CPR rule 3.9
  2. 2 Whether the exercise of discretion by the lower court was flawed
  3. 3 Whether the appeal meets the criteria for a second appeal

Ratio Decidendi

Judge Harris correctly applied the Denton three-stage test, found no good reason for breach or delay, and properly exercised discretion to restore default judgment; no error of law or compelling reason for appeal.

Court Disposition

application refused

Orders

  • renewed application for permission to appeal refused