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Matthew Harris -v- Lindsay Mason GDAHCVAP 2014/0028 (October 2014)

October 2014 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – APPLICATION TO SET ASIDE DEFAULT JUDGMENT – WHETHER THE CIVIL PROCEDURE RULES 2000 PRECLUDES DEFAULT JUDGMENT FROM BEING ENTERED FOR A SPECIFIED SUM OF MONEY AND ALSO FOR AN UNSPECIFIED SUM OF MONEY – RULES 12.8(3) AND 12.10 OF THE CIVIL PROCEDURE RULES 2000

This is an Appeal by Matthew Harris against the refusal by the Learned Master to set aside judgment in default entered against him on the basis that the Judgment was irregular because it included judgment for a specified sum of money and for an unspecified sum of money. The Court of Appeal dismissed the Appeal and held that although English Civil Procedure Rules, 2000 (“CPR”) does not expressly deal with default judgments in relation to mixed claims, for both a specified sum of money and for an unspecified sum of money in a discrete manner, CPR has no provision that says that a default judgment cannot be entered for a specified sum of money and also for an unspecified sum of money.

 

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Matthew Harris -v- Lindsay Mason GDAHCVAP 2014/0028 (October 2014)

 

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