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England and Wales decisions
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The High Court set aside a default judgment against Mr Ma, holding the application was prompt, he had an arguable defence, and the wider circumstances did not outweigh that.
The EAT dismissed Mr Amin’s appeal, upholding strike-out for non-payment of deposit orders and rejecting challenges to refusal of relief, postponement, and alleged bias.
The court set aside default judgment in a defamation claim, struck out the County Court proceedings as an abuse of process, and set aside the High Court claim form for non-service.
The High Court dismissed multiple applications to reinstate struck-out claims, refused interim payments and relief from sanctions, and granted a restrictive injunction.
Haldar & & Anor v Crook & Ors (Rev1) [2026] EWHC 1091 (KB) (11 May 2026)
The court dismissed applications to restore struck-out claims and for interim payments, held the filings were unintelligible and abusive, and granted a communication injunction.
FG v BN (Appeal Out of Time) [2026] EWFC 101 (B) (08 May 2026)
Appeal out of time in a financial remedies case dismissed. The court refused relief from sanctions after a 10½-month delay and upheld finality concerns.
Appeal out of time in a financial remedies case dismissed for serious delay, incomplete compliance, and no adequate explanation for the final months of default.
The High Court refused the defendant’s renewed application to adjourn a commercial trial, finding the medical evidence inadequate and no sufficient basis to delay trial.
The arbitration agreement in Clause 11.1 of the Purchase Order provided for ad hoc arbitration in London under English law, not ICC arbitration. The Purchase Order, being highest in the order of precedence, prevails over inconsistent terms in the Deviation List and GTCCS. The tribunal had no jurisdiction to conduct ICC arbitration. Relief from sanctions for late acknowledgment of service was refused due to serious breach and lack of good reason.
Source excerpt
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.
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