APPLICATION FOR PERMISSION TO APPEAL WAS MADE OUT OF TIME: THE TRIAL JUDGE HAD NO JURISDICTION TO HEAR THE APPLICATION

APPLICATION FOR PERMISSION TO APPEAL WAS MADE OUT OF TIME: THE TRIAL JUDGE HAD NO JURISDICTION TO HEAR THE APPLICATION

July 20, 2022 · by · in Appeals, Extensions of time

There is another aspect of the judgment in Omya UK Ltd v Andrews Excavations Ltd & Anor [2022] EWHC 1882 (TCC) that is worth considering. The unsuccessful defendants applied for permission to appeal to the trial judge at the hearing…

SETTING ASIDE A DEFAULT JUDGMENT: HAVE COGENT EVIDENCE (AND A DRAFT DEFENCE) TO HAND: DEFENDANT'S DELAY ALONE WOULD HAVE LED TO APPLICATION BEING REFUSED IN A CLINICAL NEGLIGENCE CASE

SETTING ASIDE A DEFAULT JUDGMENT: HAVE COGENT EVIDENCE (AND A DRAFT DEFENCE) TO HAND: DEFENDANT’S DELAY ALONE WOULD HAVE LED TO APPLICATION BEING REFUSED IN A CLINICAL NEGLIGENCE CASE

July 20, 2022 · by · in Applications, Clinical Negligence, Setting aside judgment

I am grateful to Barrister Leslie Keegan for their note of the judgment of Master Cook in Buckingham -v- Elneil (15th July 2022)*. The Master refused the defendant’s application to set aside a default judgment.  The defendant did not have…