Judgement set a side

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Our member had not received notice of such hearing from the Court and so did not know of and or attend the final hearing of the matter.

Author: Howard Tilney
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So was the recent outcome of our member’s application to set aside judgment made against it following its non-attendance at a small claims hearing back in March 2019.

Our member had not received notice of such hearing from the Court and so did not know of and or attend the final hearing of the matter, despite going to the time and effort to file a comprehensive defence.

Indeed, why would it have done that if it had no intention of attending the final hearing? Plainly, it would not and the Judge accepted its evidence on point.

In making his decision, the Judge considered CPR Part 27.11, i.e. was the application made within 14 days of service of the Judgment, which it was and the Judge noted that it passed the test under CPR Part 13 by being made promptly, in any event.

The Judge also considered the merits of the defence, which were found to be reasonable, not fanciful and offer real prospects of successfully defending the Claim.    

Since both parties were keen to explore mediation, the Judge made a suitable direction to facilitate the same.

Our member now has the chance to fight on or do a deal, as it sees fit.

Howard Tilney

Legal Advisor

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