Geoffrey Galley v Royal Forex Ltd
[2023] EWHC 3245 (Comm)
Pincus v Singh & Anor
26 October 2023
[2023] EWHC 2997 (Ch)
High Court
Neighbors fought over a shared walkway. One neighbor got a court order to fix it but the other neighbor didn't fix it properly or on time. The first neighbor won and the judge refused the second neighbor's attempt to undo the ruling because they were too late and hadn't done the work correctly.
Key Facts
- •Defendants applied to set aside default judgments entered in February 2023.
- •The case concerns a concrete platform providing access to the claimant's property (21 Millicent Road) from the defendant's property (19 Millicent Road).
- •A High Court judge previously ordered the defendants to reinstate the platform by November 2022.
- •The defendants allegedly failed to complete the works to the required standard.
- •The claimant obtained default judgments, including damages to be assessed.
- •Defendants' application lacked a witness statement and a draft defence.
- •Defendants argued the works were completed, and there's a question of causation of loss.
Legal Principles
The court must set aside a default judgment if the whole claim was satisfied before judgment was entered.
CPR rule 13.2(c)
The court may set aside a judgment if the defendant has a real prospect of successfully defending the claim, or there's another good reason.
CPR rule 13.3(1)
Promptness of the application to set aside the judgment is a relevant factor.
CPR rule 13.3(2)
An error in procedure (using request under 12.4(1) instead of application under 12.4(3)) doesn't necessarily lead to abandonment of other claims.
Robins v Kordowski [2011] EWHC 1912 (QB)
Outcomes
The application to set aside the default judgments was refused.
The defendants' application was not prompt; the works were not completed to the required standard; the defendants' argument about causation of loss was raised too late and lacked sufficient evidence.