540 days. Mandatory ministerial function. Binary.
R1 (Chelsea Harbour) 540+ days in default. No Defence filed. N227 request and N244 application both undetermined. R2/R3 (LRP/Vista) Defence filed 27 days late in a court without jurisdiction (the County Court, following the void transfer of BL-2024-001166), without CPR 3.9 relief or Denton analysis. The court granted substantive relief to defaulting defendants without first determining the anterior Part 12 / Part 23 issue.
CPR 12.3, 12.4; Denton v TH White Ltd [2014] 1 WLR 3926; Leadingway Consultants Ltd v Saab [2025] EWCA Civ 582; Cunico Resources NV v Daskalakis [2018] EWHC 3382 (Comm)
What the opponent will argue, and why they are wrong.
Court has discretion to refuse default judgment.
CPR 12.3: 'may' confers ENTITLEMENT, not discretion (Messih v McMillan Williams [2010] EWCA Civ 844). CPR 12.5(3): entry is a MINISTERIAL function of the court officer. 540+ days of suppression is not discretion. It is maladministration. Godwin v Swindon: where conditions are met, claimant is entitled.
Defence was filed and accepted by the court.
Defence filed 27 days late (24 Oct 2024 vs 27 Sep 2024 deadline). No CPR 3.9 relief application. No Denton analysis. The Defence was filed 27 days late without CPR 3.9 relief. No Denton v TH White Ltd [2014] 1 WLR 3926 analysis was conducted. DDJ Wood's retrospective validation was void (MHCM Day 9). The court accepted the Defence without procedural scrutiny, while the Applicant's disability-related late filings were treated with maximum severity. Leadingway Consultants Ltd v Saab [2025] EWCA Civ 582 confirms promptness under CPR 13.3(2) carries heavy independent weight.
Chelsea was not aware of the claim or had difficulty responding.
Chelsea Harbour Ltd was served and acknowledged service but filed no defence. 540+ days in default. No application for extension. No engagement whatsoever. N227 default judgment request filed but never determined. The suppression of a ministerial function for 540+ days is unprecedented.
Formal admission binding under CPR 14.1(5). Signed by Zulfikar Virani under Statement of Truth.
Binary fact. Defence either exists or does not. It does not.
Timestamp is objective. Deadline was 27.09.2024. 27 days late.
Complete 8-year revenue history. Verified from accounting records.
Assignment was 35 days BEFORE winding-up order (25 Sep 2024). BL-2025-000147 is personal claim.
Three scenarios: conservative GBP 3.3M, moderate GBP 4.7M, historic GBP 17.1M. Midpoint GBP 11.82M.
Claim issued 3 Feb 2025, served 8 May 2025, defence deadline 4 Jun 2025. MISSED.
Defence admits Michael warned of police/harassment complaint on 17 Feb 2023 AND admits two further lockouts on 27 Apr and 20 May 2023.
Fallback: Defence admits liability (para 10.5.2, 17.4). Even at trial, admissions are binding under CPR 14. Cohen SJ attacked independently.
Independence: Partially dependent on other grounds succeeding.