| Publisher Citation: | [2004] All ER (D) 119 (Mar) |
| Court: | Chancery Division |
| Judge: | Pumfrey J |
| Representation | Peter Leighton (instructed by Chilterns) for the applicant. |
| Daniel Bromilow (instructed by Russell-Cooke) for the respondent. | |
| Judgment Dates: | 5 March 2004 |
Catchwords
Practice and procedure - Appeal - Application to set aside judgment refused - Judge refusing to admit supporting witness statement out of time - Correctness of decision - CPR, SI 1998/3132, r 39.3(5).
The Case
The court refused to set aside the order striking out the applicant's application for relief against forfeiture as, on the evidence, the applicant had failed to satisfy the requirements set out in CPR39.3(5), namely that he had a good reason for not attending the hearing and had a reasonable prospect of succeeding at trial.
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