We’re witnessing more and more Court Judgments being obtained by Claimants, often where a Defendant hasn’t participated in the Court process. Sometimes this is extremely unfair; Court papers may have been sent to an old or non-residential or non-business address, which is something that can be challenged with our expert advice and sometimes defendants unknowingly ignore the strict rules of responding to the Court claim and a Judgment is entered in default.
Companies are often victims of default Judgments because Claimants are entitled to serve Court Papers at a Company’s registered office, and this is often the address of an accountant. Sometimes the papers are not passed across to the Company, and sometimes an Accountant may have gone away on holiday, particularly in smaller firms, and dates are missed by accident.
The Court process to set aside Judgments is extremely rigid and a fixed set of criteria has to be met. One of the key points is to make any application to set aside a Judgment promptly and really as soon as possible. Depending on whether the Judgment is following valid service of Court papers or is a defective Judgment, this can have a huge impact on who pays the costs of the application to set aside the Judgment. It also has an impact on the level of detail that needs to be contained in an application to set aside Judgment.
A Judgment which isn’t expected or known about can have huge impact on you or your business. It can affect your credit rating through credit referencing agencies and can have untold impact on your future business and whether you’ll be able to trade with existing suppliers on current terms. More importantly however, you could be the subject of enforcement proceedings by an application to the Court by the Claimant for a legal charge over your property, an order to attend Court for questioning, High Court Enforcement Officers at your home or business premises, or worse still, bankruptcy or insolvency proceedings.
BTMK and our litigation experts boast one of the largest dedicated dispute resolution teams in the region. We have huge experience on advising on applications to set aside Judgment. Even when you may be at fault for the Judgment having been entered, such as where Court papers have been ignored, if you have a viable defence, there is still a potential route to having the Judgment set aside. We will advise you at all stages.
One thing is certain though. You need to act quickly from the point at which you become aware of the Judgment. The law and the procedure in this hugely important area is complex and needs specialist legal advice as the wrong application could have severe costs consequences and could even mean your Judgment isn’t set aside by the Court.
Speak to our litigation team today if you’re faced with these circumstances.
You can contact Louise Mickleburgh at
BTMK Solicitors, 19 Clifftown Road, Southend-on-Sea, SS1 1AB
Office Hours – 01702 238517
24/7 – 03300 585 222
