A party’s failure to appear at the trial implied that he had made certain choices which he was not to be allowed to go back on when seeking to set aside any judgment made.
Judges:
Leggatt LJ
Citations:
Ind Summary 05-Dec-1994, Times 04-Nov-1994, [1998] 1 ELR 273
Jurisdiction:
England and Wales
Cited by:
Cited – Gorman v British Airways Plc CA 4-Feb-1998
The claimant said that whilst he was a passenger on a flight, he ingested broken glass in a drink. The trial of his case took place in his absence and he successfully set aside judgment against him in default when he failed to appear. The defendant . .
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: 27 October 2022; Ref: scu.89241