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Ruling clarifies law relative to entering judgment pursuant to unless order

The Ruling addresses the ambit of the Court’s jurisdiction under RSC Order 31A, rules 22 through 26.

Raynard Rigby appeared for the Defendant in this matter and was successful in arguing that the Plaintiffs’ entering of a default judgment was irregular.

Mr. Rigby had appeared in a similar application in Newton v. VRL (Nassau) Ltd [2011] 1 BHS J. No. 2 (see site for the decision in this case).

The Ruling of Madam Justice Hepburn makes it very clear that a party must apply to the Court to enter judgment upon an alleged breach of an unless order.

The Ruling sets out the steps under Order 31A for the entering of a judgment and mandates that where there is non-compliance of any of the steps the judgment should be set aside by the Court as of right.

Mr. Rigby indicated that the Ruling provides further case material on the jurisdiction of the Court under Order 31A.

Download: RSC Order 31A


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