Higgins, Marlan (Executor of Estate of Egbert Higgins) v Geoffrey Johnson (sued as Junior Johnson)

Civil procedure-Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules-Claim commenced by way of fixed date claim form-No proof of service of fixed claim form-Claim form and particulars of claim subsequently filed with the same claim reference number and served-Application to convert proceedings to claim form filed but not determined-Application to enter judgment in default filed and heard-Whether default judgment entered in respect of claim form is irregular-Whether good explanation provided for the failure to file a defence-Whether defendant demonstrated that he has a real prospect of successfully defending the claim.