FXF (claimant/appellant) v Ishinryu Karate Assoc & anr (defendants/respondents)

Thursday 13 July 2023

This is an appeal by the Claimant, transferred to the Court of Appeal under CPR 52.23 against the order of Master Thornett dated 2 December 2021 when he ordered, on D2’s application to set aside a default judgment, that such a judgment should be set aside simply on the basis that D2 had a real prospect of defending the claim, without applying Denton to the exercise of his discretion and despite finding that (1) there was no good reason why D2 did not file the defence on time and that (2) D2 delayed in making the application to set aside default judgment.

The issue is whether under CPR 13.3 an application to set aside judgment in default engages the relief from sanctions regime.

View hearing:

Part 1

Part 2