[2025] EWHC 1972 (Comm)

This is an application by the Second Defendant, Anita Emmett, dated 18 July 2024 (the “Application”) to set aside a judgment in favour of the Claimant entered against her on 24 April 2024 in the sum of £1,276,033.09 (the “Default Judgment”) in default of filing an Acknowledgement of Service or a Defence, pursuant to Part 12 of the Civil Procedure Rules 1998 (the “CPR”). Judgment was entered in respect of a debt guaranteed by the Second Defendant in a written personal guarantee dated 28 June 2021.

Since remarrying, the Second Defendant became known as Anita Bandak, and, out of courtesy, I shall refer to her as Mrs Bandak. For several years until their divorce in 2020, Mrs Bandak was married to the First Defendant, Aaron Emmett. Mr Emmett also guaranteed the debt in a separate written personal guarantee, also dated 28 June 2021, and the Claimant has also obtained default judgment against him. I am told Mr Emmett is now a bankrupt and that his affairs are being managed by his trustee in bankruptcy.

The Application is pursued on two bases: first, there is a realistic prospect of successfully defending the claim brought by the Claimant; and, second, there is some other good reason to set aside the Default Judgment, in that Mrs Bandak says that she only became aware of the Claim Form after judgment was entered against her. Before I turn to consider the law which applies in applications of this nature, I set out the background relevant to the Application.