Nicholas Truelove, acting on behalf of the claimant instructed by Lisa Binnion of BLV Law, has successfully managed to resist an application to set aside default judgment in a clinical negligence claim. The claim concerned a poor outcome following surgery and was brought against the provider in contract.

Liability issues purported to be raised in pre-action correspondence by the Defendant. The Defence was late, and the application in support of setting aside the judgment mischaracterised the history both before and after issuing of the claim. The draft Defence provided dealt very broadly with the specific issues at-hand.

Following extensive written and oral argument the Judge determined that the Defendant was without reasonable prospects of success and that the application to set aside did not meet the requisite test. Further, that in the circumstances discretion to set aside should not be exercised in the particular circumstances.

Indemnity costs in the Claimant’s favour were awarded.

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