The Attorney General (Appellant) v Keron Matthews (Respondent) (Trinidad & Tobago)

The Attorney General (Appellant) v Keron Matthews (Respondent) (Trinidad & Tobago)

Failure to file a defence within the prescribed period does not attract an implied sanction under the Civil Procedure Rules; an application to file a defence out of time is not an application for relief from sanctions unless the rules expressly impose a sanction. Setting aside a default judgment is governed solely by rule 13.3, not rule 26.7.

Citation
[2011] UKPC 38
Parties
Appellant: The Attorney General; Respondent: Keron Matthews
Jurisdiction
United Kingdom
Judgment Date
20 October 2011
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Default Judgment, Extension of Time, Relief From Sanctions, Interpretation of Civil Procedure Rules
Civil Procedure Default Judgment Extension of Time Relief From Sanctions Interpretation of Civil Procedure Rules

Case Brief

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Parties

The Attorney General

Appellant

Keron Matthews

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether failure to file a defence within the prescribed period attracts an implied sanction under the Civil Procedure Rules
  2. 2 Whether an application to file a defence out of time requires relief from sanctions under rule 26.7
  3. 3 Whether setting aside a default judgment requires satisfaction of both rule 13.3 and rule 26.7 conditions

Ratio Decidendi

Failure to file a defence within the prescribed period does not attract an implied sanction under the Civil Procedure Rules; an application to file a defence out of time is not an application for relief from sanctions unless the rules expressly impose a sanction. Setting aside a default judgment is governed solely by rule 13.3, not rule 26.7.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; parties to make submissions on costs within 28 days