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 acknowledgement of service to stand as filed and served within time-Whether the claimant's application for interim payment, should be granted.