Source: All England Reporter
Publisher Citation: [2002] All ER (D) 111 (May)
Court: Technology and Construction Court
Judge:

Judge Anthony Thornton QC

Representation Michael Silverleaf QC and Mark Vanhegan (instructed by Baker & McKenzie) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 8 May 2002

Catchwords

Practice - Parties - Defendants - Defendant in procedural default - Whether proportionate to hold trial solely on claimant's evidence.

The Case

Since the defendant was in serious and unexplained procedural default, it was proportionate and in accordance with the CPR to bring forward the date for trial and then to hold the trial on the basis of the evidence served by the claimant in conformity with the court's procedural directions.

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