Claimant v Guardian Homes (Midlands) Ltd
Outcome
Facts
The tribunal issued a rule 21 default judgment in favour of the claimant on 19 March 2024 after the respondent failed to respond to the claim in time. The respondent subsequently submitted a response dated 20 March 2024, one day after the default judgment was issued. The tribunal reconsidered the rule 21 judgment on its own initiative under rules 70 and 71.
Decision
The tribunal revoked the rule 21 default judgment and accepted the respondent's response dated 20 March 2024. This allows the respondent to defend the claim on its merits. The case will now proceed as a contested matter.
Practical note
A tribunal may exercise its discretion to revoke a rule 21 default judgment on its own initiative where a response is filed shortly after judgment, allowing the respondent to defend the claim rather than being subject to a default award.
Legal authorities cited
Statutes
Case details
- Case number
- 1307926/2023
- Decision date
- 24 July 2024
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister