An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011
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
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
The defendant sought to set aside judgment entered in his absence. Held: The right of a defendant to have set aside a judgment where he had not known of the proceedings did not necessarily apply where, as here, he had attended one hearing, but did not attend a later hearing because he had not been … Continue reading London Borough of Hackney v Driscoll: CA 16 Jul 2003
Application to set aside judgmententered after non-appearance by defendant but where he had submitted a request for an adjournment for sickness. Seymour QC J [2014] EWHC 3241 (QB) Bailii Civil Procedure Rules 39.3(5) England and Wales Litigation Practice Updated: 22 December 2021; Ref: scu.537518
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
The defendant appealed against an order for rectification of the registered title to land he occupied, and for which he had had a possessory title. The order had been made in his absence. Held: A ‘good reason’ for non attendance at a hearing was not just an honest and genuine one, but the court must … Continue reading Brazil v Brazil: CA 31 Jul 2002