The postman always rings twice

In the case of Miah v Minea County Court at Liverpool 26th April 2018 handed down recently, District Judge Baldwin refused to set aside a judgment for just over £84,000 of credit hire, directing himself according to the sequential tests imposed by parts 13 and 39 CPR.

Although a decision at first instance, the judgment illustrates the approach which commonly prevails on the District Bench these days, when seeking to set aside judgments obtained in default.

The attitude taken by the courts is tough. Since the decision in the Court of Appeal in Gentry v Miller and UK Insurance such applications are subject to the full rigour of the Mitchell/Denton line of authority.

I also think that the Court of Appeal decision has prompted a change in litigation behaviour. Whereas in previous years, judgments were more likely to be set aside by consent, now those who benefit from default judgments are finding a tougher approach can be vindicated at a hearing.

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