Wards Solicitors v Hendawi [2018] EWHC 1907 (Ch) (26 July 2018)

Wards Solicitors v Hendawi [2018] EWHC 1907 (Ch) (26 July 2018)

The defendant did not have a real prospect of successfully defending the claim except as to the £25 bank fee, as the change of position defence was not available for repayment of a debt or overdraft, and there was no sufficient causal link. There was no other good reason to set aside the judgment, and the defendant did not act promptly in applying to set aside the judgment.

Citation
[2018] EWHC 1907 (Ch)
Parties
Claimant: Wards Solicitors; Defendant: Sharif Adel Taha Hendawi
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Default Judgment, Service of Process, Unjust Enrichment, Change of Position Defence, Promptness in Applications, Bankruptcy Proceedings
Civil Procedure Restitution Bankruptcy Default Judgment Service of Process Unjust Enrichment Change of Position Defence Promptness in Applications +1 more

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Parties

Wards Solicitors

Claimant

Sharif Adel Taha Hendawi

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim if the default judgment is set aside
  2. 2 Whether there is some other good reason to set aside the default judgment under CPR 13.3(1)(b)
  3. 3 Whether the defendant acted promptly in applying to set aside the judgment

Ratio Decidendi

The defendant did not have a real prospect of successfully defending the claim except as to the £25 bank fee, as the change of position defence was not available for repayment of a debt or overdraft, and there was no sufficient causal link. There was no other good reason to set aside the judgment, and the defendant did not act promptly in applying to set aside the judgment.

Court Disposition

Application dismissed

Orders

  • Application to set aside default judgment dismissed