Defendants May Face An Uphill Struggle To Correct Their Default

Any applications to set aside judgment must now be made with the Denton criteria in mind

FXF v English Karate Federation Ltd [2023] EWCA Civ 891

The Court of Appeal had to determine the question of whether the three stage test in Denton v TH White Ltd ("Denton") should be applied by the court when it is considering an application to set aside a default judgment under CPR Part 13.3.

Facts

The claimant brought a claim for damages resulting from alleged sexual abuse by her karate coach over a prolonged period of time. Proceedings were issued and an extension of time for the second defendant's defence was agreed. The claimant, in the absence of a defence being served, applied and secured a default judgment on 22 September 2020. On 17 November 2020 the second defendant issued an application to set aside the judgment.