Slot -v- Shaw [2010] JRC 223A (13 December 2010)

Slot -v- Shaw [2010] JRC 223A (13 December 2010)

There is no reasonably arguable defence to the claim as the applicants voluntarily entered into a mediated settlement, and there is no basis to re-open the matter. The applicants' delay and failure to attend court further support refusal of leave to appeal.

Source-derived case information.

Citation
[2010] JRC 223A
Parties
Applicant: Mr and Mrs Slot; Respondent: Shaw & Co
Jurisdiction
Jersey
Judgment Date
13 December 2010
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Refusal to Set Aside Default Judgment
Outcome
leave to appeal refused
Legal Topics
Appeals, Default Judgment, Mediation, Setting Aside Judgment
Civil Procedure Appeals Default Judgment Mediation Setting Aside Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr and Mrs Slot

Applicant

Shaw & Co

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the refusal to set aside a default judgment based on a mediated settlement.

Ratio Decidendi

There is no reasonably arguable defence to the claim as the applicants voluntarily entered into a mediated settlement, and there is no basis to re-open the matter. The applicants' delay and failure to attend court further support refusal of leave to appeal.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal against the refusal to set aside the default judgment is refused.