Praetura Asset Finance Ltd v Hood

Facts

The claimant, Praetura Asset Finance Limited, issued a claim form on 25 January 2019 in the Circuit Commercial Court in Manchester seeking to recover over £1.5 million said to be due from the defendant, Derek Thomas Hood, under an unregulated hire purchase agreement relating to a Jaguar race car. The claim form and particulars of claim were served by the court on 27 January 2019. An acknowledgment of service was filed indicating an intention to defend the whole claim, but no defence followed, and on 27 March 2019 the claimant entered judgment in default for £1,580,345.41 inclusive of interest. The defendant and his solicitors believed the judgment irregular, thinking no particulars of claim had been served; they wrote to the court on 2 April 2019, and on 5 April the court replied explaining that a set-aside application was required. Only on 2 July did it emerge that particulars of claim had in fact been served with the claim form. The defendant applied to set aside the default judgment under CPR 13.3(1)(a) and (b). In evidence in answer, the claimant's solicitors accepted that a 2 per cent discount under the credit agreement had been overlooked, so that judgment should have been entered for £1,440,570.85.