Clarity Provided On Bermuda Court's Discretionary Power To Set Aside Regular Default Judgments

In two recent judgments Bermuda's Chief Justice Narinder Hargun has clearly articulated the applicable Bermuda law principles which the Court should apply when considering an application by a defendant to set aside a regular default judgment.

The key principles to note are as follows:

1. In making the application it is a defendant's burden to establish that its defence to the claim has a realistic prospect of success, which is one that carries some degree of conviction and is more than merely arguable.
2. The burden is discharged by a defendant filing credible affidavit evidence in support of its application which demonstrates a real likelihood that it will successfully defend the claim.