The Attorney General v Universal Projects Limited (Trinidad and Tobago)

The Attorney General v Universal Projects Limited (Trinidad and Tobago)

The application to set aside the default judgment was properly an application for relief from sanctions under CPR 26.7, not under CPR 13.3. The defendant failed to provide a good explanation for the breach and did not satisfy the requirements of CPR 26.7. The court has no residual inherent jurisdiction to set aside the judgment outside the rules.

Parties
Appellant: The Attorney General; Respondent: Universal Projects Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2011
Procedural Posture
Civil Appeal / Final Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Default Judgment, Relief From Sanctions, Setting Aside Judgment, Civil Procedure Rules
Civil Procedure Default Judgment Relief From Sanctions Setting Aside Judgment Civil Procedure Rules

Case Brief

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Parties

The Attorney General

Appellant

Universal Projects Limited

Respondent

Procedural Posture

Civil Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether an application to set aside a default judgment following non-compliance with a court order extending time for filing a defence is an application under CPR 13.3 or for relief from sanctions under CPR 26.7
  2. 2 Whether the defendant satisfied the conditions for relief from sanctions under CPR 26.7
  3. 3 Whether the court retains a residual jurisdiction to set aside judgment to prevent an abuse of process

Ratio Decidendi

The application to set aside the default judgment was properly an application for relief from sanctions under CPR 26.7, not under CPR 13.3. The defendant failed to provide a good explanation for the breach and did not satisfy the requirements of CPR 26.7. The court has no residual inherent jurisdiction to set aside the judgment outside the rules.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Parties to make submissions on costs within 28 days