Source: All England Reporter
Publisher Citation: [1999] All ER (D) 989
Court: Court of Appeal, Civil Division
Judge:

Brooke and Robert Walker LJJ

Representation Nigel Lawrence (instructed by Michael W Halsall, Newton Le Willows) for the claimants.
  Nigel Gilmore QC (instructed by Weightmans, Liverpool) for the defendant.
Judgment Dates: 1 September 1999

Catchwords

Practice - Judgment - Setting aside - Whether court entitled to consider delay before issue of summons on an application to set aside default judgment - Whether explanation for delay was condition precedent to exercise of court's discretion under Civil Procedure Rules - CCR Ord 37, r 4 - Civil Procedure Rules, Pts 1, 13.

The Case

Practice Areas

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