CASE ANALYSIS - Lexis®PSL Dispute Resolution: Case analysis (Ref 1819). Out of time challenge to jurisdiction results in default judgment (Plekhanov v Yanchenko)


Publication Date:
13 May 2020


Description:

Dispute Resolution analysis: The court refused a challenge to its jurisdiction that was made outside of the time limits prescribed by the rules. As a consequence of the failure to challenge jurisdiction, the court also entered default judgment against Yanchenko. This case provides useful discussion of the procedural requirements of challenging jurisdiction; the principles applicable to extensions of time when the deadlines are missed; and the interplay between default judgment and a failure to successfully challenge jurisdiction. It is also useful in its discussion of the recently re-drafted default judgment provisions: CPR 12.3(1). Written by Christopher Snell, barrister, at New Square Chambers. 

 

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