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 in CPR r 39.3(5) must be satisfied before it can be invoked to enable the court to set aside an order. In all the circumstances, 4 weeks was held to be too long a delay by Simon Brown LJ and Rix LJ. Arden LJ expressed grave doubt but found it unnecessary to decide the point.
Judges:
Simon Brown LJ
Citations:
[2000] EWCA Civ 379
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
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 – 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 – WXY v Gewanter and Another QBD 30-May-2012
The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 27 June 2022; Ref: scu.218696