De Ferranti & Anor v Execuzen Ltd
Defendants failed to demonstrate a real prospect of successfully defending the claim or any other good reason to set aside default judgment. Extraordinary delay and lack of credible defence precluded relief under CPR 13.3. Application to set aside damages award failed due to lack of promptness and good reason for absence under CPR 39.3.
- Parties
- Appellant: Sophie de Ferranti; Appellant: Valens Goldberg Limited; Respondent: Execuzen Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 June 2013
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Breach of Fiduciary Duty, Breach of Confidence, Dishonest Assistance, Knowing Receipt, Default Judgment, Setting Aside Judgment, Service of Documents, Quantum Assessment
Case Brief
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Parties
Sophie de Ferranti
Appellant
Valens Goldberg Limited
Appellant
Execuzen Limited
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether default judgment should be set aside under CPR 13.3
- 2 Whether enforcement of damages award should be stayed
- 3 Whether retrospective dispensation of service of application notice was proper
Ratio Decidendi
Defendants failed to demonstrate a real prospect of successfully defending the claim or any other good reason to set aside default judgment. Extraordinary delay and lack of credible defence precluded relief under CPR 13.3. Application to set aside damages award failed due to lack of promptness and good reason for absence under CPR 39.3.
Court Disposition
appeal dismissed
Orders
- Default judgment stands
- Damages award stands
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