England and Wales Case Law

Associated Installations Limited v All Asbestos Limited

The default judgment was set aside and the interim third party debt order discharged because, although the Defendant failed to demonstrate a real prospect of defending the claim due to procedural deficiencies and lack of evidence, the seriousness and complexity of the claim, potential counterclaims, and proportionality justified allowing the matter to proceed to trial. Relief from sanctions was granted, with costs awarded against the Defendant.

Source excerpt

• Default judgment
• Relief from sanctions
• Third party debt order
• Fraudulent enforcement
• Set aside judgment
• Costs assessment

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Jones v Persons Unknown & Ors

Jones v Persons Unknown & Ors [2025] EWHC 977 (Comm) (29 April 2025)

The High Court dismissed Gary Jones’s application for security for costs against Kyrrex Limited, holding Kyrrex’s CPR 40.9 set-aside application was not an originating proceeding.

• Security for costs
• Set aside judgment
• Cryptocurrency tracing
• Constructive trust
• Jurisdiction
• Cpr 40.9

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Ras Al Khaimah Investment Authority v Azima & Ors

Ras Al Khaimah Investment Authority v Azima & Ors [2023] EWHC 2108 (Ch) (21 August 2023)

The High Court refused default judgment on a fraud-based set-aside counterclaim, but struck out RAKIA’s defence to the hacking counterclaim and entered default judgment there.

• Default judgment
• Set aside judgment
• Disclosure
• Issue estoppel
• Abuse of process
• Default-judgment

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Ras Al Khaimah Investment Authority v Azima

Ras Al Khaimah Investment Authority v Azima [2023] EWHC 693 (Ch) (02 March 2023)

The High Court refused Mr Azima’s application for a split trial, holding that the fraud, hacking, and set-aside issues were too intertwined to separate.

• Split trial
• Fraudulent misrepresentation
• Unlawful conspiracy
• Set aside judgment
• Hacking claim
• Materiality

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ST v QR

The High Court refused to set aside a Hague Convention return order, finding no fundamental change of circumstances and no proven Article 13(b) grave risk.

• Child abduction
• Hague convention 1980
• Summary return
• Set aside judgment
• Article 13(b) exception
• Mental health evidence

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Ince Gordon Dadds LLP v Mellitah Oil & Gas BV

Ince Gordon Dadds LLP v Mellitah Oil & Gas BV [2022] EWHC 997 (Ch) (03 May 2022)

The High Court refused to set aside a default judgment in a solicitors’ fee dispute, finding only a thin defence on assessment and shadowy counterclaims.

• Default judgment
• Relief from sanctions
• Solicitors' fees
• Assessment of costs
• Counterclaim
• Set aside judgment

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Truewood Ltd, Re

Truewood Ltd, Re [2020] EWHC 2360 (Ch) (03 September 2020)

The High Court set aside a debarring judgment in insolvency misfeasance proceedings, finding invalid service and an arguable defence based on repayment or set-off.

• Misfeasance
• Service of process
• Relief from sanction
• Set aside judgment
• Director loans
• Mutual dealings

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Solanki v (Intercity Technology Ltd & Anor (Rev 1)

Solanki v (Intercity Technology Ltd & Anor (Rev 1) [2018] EWCA Civ 101 (09 February 2018)

The Court of Appeal allowed a defendant’s appeals, finding the trial should have been adjourned because of medical evidence, judgment set aside, and costs reassessed.

• Adjournment of trial
• Set aside judgment
• Article 6 echr rights
• Breach of contract
• Database rights
• Summary assessment of costs

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Ghadami v Bloomfield & Ors

The High Court dismissed an appeal and set-aside application in a complex property dispute, upholding strike out of claims based on contract, agency, conspiracy and sham transactions.

• Summary judgment
• Strike out
• Breach of contract
• Economic torts
• Conspiracy
• Agency

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Nolan v Devonport

Nolan v Devonport [2006] EWHC 2025 (QB) (21 July 2006)

The High Court struck out a delayed application to set aside judgment as an abuse of process and made the charging order final.

• Strike out applications
• Set aside judgment
• Charging orders
• Abuse of process
• Delay in litigation
• Abuse-of-process

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