Procedural vandalism and the Solicitors Act 1974

Case Review: Carpmaels & Ransford LLP and Collyer Bristow LLP v Regen Lab SA [2021] 2 WLUK 244

James McKean represented the Claimants, two firms of solicitors and intellectual property lawyers, who resisted an application to set aside a default judgment.

The Claimants were owed fees in excess of £600,000, having represented the Defendant, a Swiss biotechnology company, in the Regen Lab SA v Estar Medical Limited [2019] EWHC 63 (Pat) patent litigation.

The Defendant acknowledged service but failed to file a defence or contest jurisdiction. Default judgment was obtained.

The Defendant’s application to set aside the judgment consisted of a jurisdictional challenge and technical objections under the Solicitors Act 1974 to the bills submitted by the Claimants. Waksman J found these arguments to have no prospects of success and refused the Defendant relief from sanctions.

Practice Areas: Commercial Litigation