Avanesov v Shymkentpivo

Avanesov v Shymkentpivo

Although the defendant demonstrated a realistic prospect of defending the claim, the application to set aside the default judgments was not made promptly. The delay was lengthy, serious, and culpable, resulting from a deliberate decision to ignore the proceedings. The need for efficient litigation and compliance with court orders outweighs the existence of a defence. The application to set aside the judgments is refused.

Parties
Claimant: Agadzhan Avanesov; Defendant: TOO Shymkentpivo
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Commercial / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgments dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Misrepresentation, Breach of Contract, Relief From Sanctions
Contract Law Civil Procedure Default Judgment Setting Aside Judgment Misrepresentation Breach of Contract Relief From Sanctions

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Parties

Agadzhan Avanesov

Claimant

TOO Shymkentpivo

Defendant

Procedural Posture

Commercial / Application to Set Aside Default Judgment

Legal Issues

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

Ratio Decidendi

Although the defendant demonstrated a realistic prospect of defending the claim, the application to set aside the default judgments was not made promptly. The delay was lengthy, serious, and culpable, resulting from a deliberate decision to ignore the proceedings. The need for efficient litigation and compliance with court orders outweighs the existence of a defence. The application to set aside the judgments is refused.

Court Disposition

Application to set aside default judgments dismissed

Orders

  • Default judgments dated 31 July 2013 and 11 April 2014 stand
  • Application to set aside is refused