Course description
Where a judgment has been entered against the defendant in default of its acknowledgment of service or a defence, what response can the same defendant make? Does CPR 13.3 set the sole test for a default judgment to be set aside, or do the Denton relief from sanctions considerations under CPR 3.9 also come into play?
Presented by expert speaker Ian Gascoigne, this virtual classroom seminar answers these questions and more.
Join Ian as he discusses the tests defendants must satisfy to have a default judgment set aside, how claimants can effectively resist a defendant’s attempt to get a ‘second bite’ at defending the claim once spurned, and whether securing default judgments are more trouble than they are worth, for both sides in litigation.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
It is always better not to be on the back foot but sometimes in dispute work you just are.
Where a judgment has been entered against the defendant in default of its acknowledgment of service or a defence, what response can the same defendant make?
Does CPR 13.3 set the sole test for a default judgment to be set aside, or do the Denton relief from sanctions considerations under CPR 3.9 also come into play?
After a lot of murky water passing under the default judgment bridge, the Court of Appeal has recently clarified the current legal position in FXF v English Karate Association (2023), but what of the practicalities?
And is there such a thing as a partial setting aside of a default judgment? This was considered in Marla International v Ready 4s, although at (very) first instance.
What You Will Learn
This live and interactive session will cover the following:
- Defendants - what tests must you satisfy to have a default judgment set aside, and when? What are your chances?
- Claimants - how can you effectively resist a defendant’s attempt to get a ‘second bite’ at defending the claim once spurned?
- Both sides in litigation - are securing default judgments more trouble than they are worth? We will look at some illustrations.
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...