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Judgment – Default judgment. The claimant brought a claim against a limited liability company, a charity, for the repayment of a loan to it. He obtained judgment in default and a final third party debt order. The applicants, who claimed to be the duly elected committee of the charity, but were not directors of it, successfully applied to set aside the judgment in default and third party debt order. The Chancery Division, allowing the claimant's appeal, held that the applicants had not had standing under CPR 40.9 to bring their application to set aside the default judgment obtained by the claimant. Accordingly, the order setting aside the default judgment was set aside and the final third party debt order was restored.
Judgment – Default judgment. The claimant brought a claim against a limited liability company, a charity, for the repayment of a loan to it. He obtained judgment in default and a final third party debt order. The applicants, who claimed to be the duly elected committee of the charity, but were not directors of it, successfully applied to set aside the judgment in default and third party debt order. The Chancery Division, allowing the claimant's appeal, held that the applicants had not had standing under CPR 40.9 to bring their application to set aside the default judgment obtained by the claimant. Accordingly, the order setting aside the default judgment was set aside and the final third party debt order was restored.
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