Gentry v Miller and UK Insurance Ltd [09.03.16]
Mr Gentry alleged that he was involved in an RTA with Mr Miller. At a disposal hearing he obtained a default judgment for damages in the region of £75,000, made up mostly of hire and other charges. The insurer subsequently contended that the claim was fraudulent and that Mr Gentry and Mr Miller knew each other before the accident. The Court of Appeal held that, on the facts of this case, the default judgment should not be set aside. Allegations of fraud did not provide an exemption from either the court rules or the tests set out in Denton . Lord Justice Vos commented that Mitchell andDenton represented a turning point in litigation and that professional litigants are particularly qualified to respect this change and must do so.