The Attorney General v Keron Matthews (Trinidad and Tobago)

The Attorney General v Keron Matthews (Trinidad and Tobago)

Failure to file a defence within the prescribed period does not impose an implied sanction under the rules; therefore, an application to file a defence out of time is not an application for relief from sanctions under rule 26.7 but an application for extension of time under rule 10.3(5). Applications to set aside default judgment are governed solely by rule 13.3, and the conditions in rule 26.7 do not apply unless expressly incorporated.

Parties
Appellant: The Attorney General; Respondent: Keron Matthews
Jurisdiction
England and Wales
Judgment Date
20 October 2011
Procedural Posture
Civil Appeal / Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Interpretation of Civil Procedure Rules
Civil Procedure Default Judgment Extension of Time Relief From Sanctions Interpretation of Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Attorney General

Appellant

Keron Matthews

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether failure to file a defence within the prescribed period under the CPR imposes an implied sanction requiring relief under rule 26.7
  2. 2 Whether an application to file a defence out of time after expiry of the period is an application for relief from sanctions under rule 26.7 or simply an application for extension of time under rule 10.3(5)
  3. 3 Whether the criteria in rule 26.7 apply to applications to set aside default judgment under rule 13.3

Ratio Decidendi

Failure to file a defence within the prescribed period does not impose an implied sanction under the rules; therefore, an application to file a defence out of time is not an application for relief from sanctions under rule 26.7 but an application for extension of time under rule 10.3(5). Applications to set aside default judgment are governed solely by rule 13.3, and the conditions in rule 26.7 do not apply unless expressly incorporated.

Court Disposition

Appeal allowed

Orders

  • Court of Appeal decision set aside
  • Extension of time to file defence granted