Wards Solicitors v Hendawi

Wards Solicitors v Hendawi

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 did not apply to repayment of debts or overdrafts in these circumstances. There was no other good reason to set aside the judgment, and the defendant did not act promptly in making the application.

Parties
Claimant: Wards Solicitors; Defendant: Sharif Adel Taha Hendawi
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Default Judgment, Service of Process, Unjust Enrichment, Change of Position Defence
Civil Procedure Restitution Default Judgment Service of Process Unjust Enrichment Change of Position Defence

Case Brief

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Parties

Wards Solicitors

Claimant

Sharif Adel Taha Hendawi

Defendant

Procedural Posture

Civil / 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 did not apply to repayment of debts or overdrafts in these circumstances. There was no other good reason to set aside the judgment, and the defendant did not act promptly in making the application.

Court Disposition

Application dismissed