Meyer (Appellant) v Baynes (Respondent) (Antigua and Barbuda)

Meyer (Appellant) v Baynes (Respondent) (Antigua and Barbuda)

The defence advanced by Mr Meyer did not amount to exceptional circumstances within the meaning of CPR rule 13.3(2) and did not justify setting aside the default judgment. The Court of Appeal was correct in its interpretation and application of the rule, and Mr Meyer was not entitled to appeal as of right as there was no genuinely disputable issue.

Citation
[2019] UKPC 3
Parties
Appellant: Meyer; Respondent: Baynes
Jurisdiction
United Kingdom
Judgment Date
21 January 2019
Procedural Posture
Civil Appeal / Appeal From Court of Appeal to Privy Council
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Exceptional Circumstances, Vicarious Liability, Statutory Duty, Appeals as of Right
Civil Procedure Tort Law Constitutional Law Setting Aside Default Judgment Exceptional Circumstances Vicarious Liability Statutory Duty Appeals as of Right

Case Brief

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Parties

Meyer

Appellant

Baynes

Respondent

Procedural Posture

Civil Appeal / Appeal From Court of Appeal to Privy Council

Legal Issues

  1. 1 Whether the defence advanced by Mr Meyer amounted to exceptional circumstances under rule 13.3(2) of the CPR justifying setting aside default judgment
  2. 2 Whether Mr Meyer had an appeal as of right under section 122(1)(a) of the Constitution Order

Ratio Decidendi

The defence advanced by Mr Meyer did not amount to exceptional circumstances within the meaning of CPR rule 13.3(2) and did not justify setting aside the default judgment. The Court of Appeal was correct in its interpretation and application of the rule, and Mr Meyer was not entitled to appeal as of right as there was no genuinely disputable issue.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent’s costs of the appeal to the Board, subject to any written submissions within 14 days.