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 fact the defendant had not lived at the address since 1997. Once a party knew that proceedings had been served it became a duty in him to put in place a system for ensuring that he should receive communications from the court, but not before.
Judges:
Lord Justice Dyson Mr Justice Moses Lord Justice Jacob
Citations:
Times 12-Jun-2006, [2006] EWCA Civ 533, [2006] CP Rep 32
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Goode v Martin CA 13-Dec-2001
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served . .
Cited – Brazil v Brazil CA 31-Jul-2002
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 . .
Cited – Goode v Owen and Another CA 20-Dec-2001
The claimant owned land from which he took silage. It was next to land belonging to one defendant and let to the other as a golf range. The claimant sought damages for nuisance for the 1,000 golf balls a year escaping onto his land. The judge said . .
Cited by:
Cited – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
Cited – Forcelux Ltd v Binnie CA 21-Oct-2009
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr . .
Cited – Kenny and Others v Abubaker and Others CA 23-Oct-2012
The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 06 July 2022; Ref: scu.241442