Applying To Set Aside A Default Judgment Is Not An Application For Relief From Sanctions (PXC V AB College And Anor)

Dispute Resolution analysis: This decision has highlighted, without comprehensively resolving, a schism which has arisen in the authorities about whether the Denton principles are relevant to an application under CPR Part 13 to set aside a default judgment. This judgment expresses the view that the principles are not applicable, however, until the question is subject to a binding decision of the Court of Appeal, the debate is likely to continue.

PXC v AB College and anor [2022] EWHC 3571 (KB)

What are the practical implications of this case?

The most significant practical implications of this judgment concern its analysis of the relationship between the Denton principles applicable to applications for relief from sanctions under CPR, r.3.9 and the principles applicable to applications to set aside a default judgment. This case highlighted the extent to which two different camps had emerged in the authorities. The first camp, represented by a number of