Setting aside

Clapp and others v Enron and another CA LSG 12 January

An applicant who failed in an application to set aside a default judgment on its merits, who through his own fault had not had the protection of the trial, was the legal equivalent of a defendant who lost at trial. There was no reason why such a judgment would not be recognised as final and binding once it was entered. Accordingly, a judge had no jurisdiction to hear a renewed application to set aside a default judgment.