The appellants had been defendants to an application for possession of their flat. There had been several court hearings, and opportunities made for them to present their counterclaim as regards the state of the financial account, and in order to make a counterclaim themselves for damages. They had had quite sufficient time and opportunity to make their case, and had put no proper reason forward for their failure. The appeal was refused.
Judges:
Lord Justice Simon Brown, Lord Justice Ward
Citations:
[1998] EWCA Civ 646
Jurisdiction:
England and Wales
Housing, Litigation Practice
Updated: 18 November 2022; Ref: scu.144124
