London Borough of Hackney v Driscoll: CA 16 Jul 2003

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 notified of it.
It was necessary to clear up the issues undecided in White v Weston. Once a defendant knew of proceedings, the court had attained a jurisdiction over him, and the CPR applied. The CPR largely reproduced former practice. The new part of the rule gave the absent party opportunity to establish that he had a reasonable prospect of success, and a right of appeal, and balanced the interests of the opponent. The new rule was appropriate and had been applied correctly.


Lord Justice Brooke Lord Justice Kennedy Mr Justice Holman


[2003] EWCA Civ 1037, Gazette 18-Sep-2003, [2003] 1 WLR 2602




Civil Procedure Rules 39.3(5)


England and Wales


CitedWhite v Weston CA 1968
A county court summons was purportedly served on the defendant at a previous address and he did not receive it.
Held: The court treated the case as one in which the defendant had not been duly served with process. Judgment was given against . .

Cited by:

CitedSouthern and District Finance Plc v Turner CA 7-Nov-2003
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time.
Held: The rules required an application to be supported by . .
CitedNelson 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 . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Civil Procedure Rules

Updated: 07 June 2022; Ref: scu.184768