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Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006

The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the court to exercise its discretion or whether he was entitled … Continue reading Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006

Estate Acquisition and Development Ltd v Wiltshire and Another: CA 4 May 2006

The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial. Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an inference that they should be aware of proceedings served at a former address. In … Continue reading Estate Acquisition and Development Ltd v Wiltshire and Another: CA 4 May 2006

Regency Rolls Ltd and Another v Carnall: CA 16 Oct 2000

The court considered what was meant by ‘act promptly’ in the Rule. Held: Dictionary definitions were considered by both Arden LJ and Simon Brown LJ – ‘with alacrity’ or ‘all reasonable celerity in the circumstances’. The court no longer has a broad discretion whether to grant such an application: all three of the conditions listed … Continue reading Regency Rolls Ltd and Another v Carnall: CA 16 Oct 2000