MBS Recovery Limited v Kenneth George Quinney

MBS Recovery Limited v Kenneth George Quinney

Default judgment was set aside because the court was not satisfied that valid service was effected on the defendant, and the conditions under CPR Rule 12.3(1)(b) were not met. The defendant acted promptly upon becoming aware of the proceedings, and the acknowledgment of service was filed within the specified period.

Parties
Claimant/respondent: MBS Recovery Limited; Defendant/applicant: Kenneth George Quinney
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Default judgment set aside; defendant given leave to defend.
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Constructive Trust, Assignment of Equitable Interest
Civil Procedure Trusts and Equity Service of Process Default Judgment Setting Aside Judgment Constructive Trust Assignment of Equitable Interest

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Parties

MBS Recovery Limited

Claimant/respondent

Kenneth George Quinney

Defendant/applicant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether proceedings were properly served on the defendant in accordance with CPR Rule 6.9
  2. 2 Whether the defendant had a real prospect of successfully defending the claim or other good reason to set aside default judgment under CPR Rule 13.3

Ratio Decidendi

Default judgment was set aside because the court was not satisfied that valid service was effected on the defendant, and the conditions under CPR Rule 12.3(1)(b) were not met. The defendant acted promptly upon becoming aware of the proceedings, and the acknowledgment of service was filed within the specified period.

Court Disposition

Default judgment set aside; defendant given leave to defend.

Orders

  • Default judgment set aside.
  • Defendant granted leave to defend.