Avanesov v Shymkentpivo [2015] EWHC 394 (Comm) (25 February 2015)

Avanesov v Shymkentpivo [2015] EWHC 394 (Comm) (25 February 2015)

The defendant has a realistic prospect of defending the claim, but the application to set aside the default judgments was not made promptly and was the result of a deliberate decision to ignore the proceedings. The need to enforce compliance with court orders and efficient litigation outweighs the defendant's prospects of success. Relief is refused.

Citation
[2015] EWHC 394 (Comm)
Parties
Claimant: Agadzhan Avanesov; Defendant: TOO Shymkentpivo
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Commercial Court Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment and Damages Assessment
Outcome
Application to set aside default judgments refused.
Legal Topics
Default Judgment, Relief From Sanctions, Misrepresentation, Breach of Contract, Rescission, Promptness of Application
Contract Law Civil Procedure Default Judgment Relief From Sanctions Misrepresentation Breach of Contract Rescission Promptness of Application

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Parties

Agadzhan Avanesov

Claimant

TOO Shymkentpivo

Defendant

Procedural Posture

Commercial Court Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment and Damages Assessment

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim
  2. 2 Whether the application to set aside default judgment was made promptly
  3. 3 Whether the court should exercise its discretion to set aside the judgments

Ratio Decidendi

The defendant has a realistic prospect of defending the claim, but the application to set aside the default judgments was not made promptly and was the result of a deliberate decision to ignore the proceedings. The need to enforce compliance with court orders and efficient litigation outweighs the defendant's prospects of success. Relief is refused.

Court Disposition

Application to set aside default judgments refused.

Orders

  • Default judgment in favour of claimant stands.
  • Damages assessed in favour of claimant stand.