Question 1 of 10

Organic Kitchens Limited (‘Organic’) provided Bernard with 12 white kitchen units pursuant to an express term of their written contract. It was an express term that Bernard would pay £12,000 for those items. Bernard wrote to Organic saying the units were not of satisfactory quality, but got no reply. Bernard has not paid for the kitchen units and there has been no further correspondence.Three months later, on 1st June, Bernard received a claim form and Particulars of Claim from Organic claiming payment of the £12,000. Bernard recognised these as starting a claim against him and intended to make an appointment for legal advice. After 12 days, he attended a free initial appointment with a solicitor, Jane, who urged him to act urgently to respond to the claim as time was quickly running out and Bernard may lose the opportunity to respond. She advised him to make a further appointment so that a response could be drafted. Bernard did not make an appointment and did nothing further.On 27th June, Organic obtained default judgment. On receipt of this, Bernard again took no action.On 8th August, Bernard attends a full appointment with Jane who suggests an application to set aside the judgment. Your advice is now sought on whether the default judgment will be set aside. What is the BEST ADVICE to give Bernard?

A. As Bernard only attended a full appointment with a legal advisor after the judgment was entered, the Court may set aside the default judgment for ‘some other good reason’. B. The Court is likely to find Bernard has real prospects of successfully defending and therefore set aside the default judgment. C. The Court should set aside the default judgment as it was improperly entered just 27 days after the service of Particulars before the relevant time for acknowledging service or filing a Defence had expired. D. There is a real risk here that the Court may refuse to set aside judgment because Bernard has been so slow in applying to set default judgment aside.