Appeal from judgment after trial judge proceeded with trial the defendant absent, and another Judge acceded to request for judgment to be set aside.
Held: The decision was restored. Appellate courts should be slow to overturn a judge’s decision to refuse or allow an application to set aside using CPR r 39.3 without being satisfied that the judge has been wrong in principle. No judicial comity required the judge hearing the application under CPR r 39.3(3) to follow the trial judge, and a judge hearing the application under CPR r 39.3(3) might reach a different decision on the same facts. The approach of the judge in the present case was therefore flawed.
Judges:
Lewison, Popplewell, Carr LJJ
Citations:
[2020] EWCA Civ 824, [2020] WLR(D) 380
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 31 December 2022; Ref: scu.652309