Bailey, Jairzenho v The Board of Management of the College of Agriculture, Science and Education (CASE)

Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prejudice’ and is therefore inadmissible re the application before the court now - Whether the defendant has a real prospect of successfully defending this claim - Whether the degree of prejudice to the defendant would be oppressive should the court allow the defendant an extension of time in which to file and serve its defence - Whether it is in the interest of justice for the court to allow the defendant to file and serve its defence - Whether the court should grant an extension of time in order for the defendant to file and serve its defence - Whether the court should permit the defendant’s acknowledgment of service to stand as filed and served within time - Whether the claimant’s application for interim payment, should be granted.