The Case

Where a defendant sought to set aside a judgment following a full hearing, when judgment had been given in his absence, CPR39.3(3) provided that, in exercising its discretion to set aside judgment, the court should have regard to whether the defendant acted promptly when he found out that the court had exercised its power to strike out or to enter judgment or make an order against him; whether he had a good reason for not attending the trial; and whether he had a reasonable prospect of successfully defending himself at the trial. Whether the court was formally required to consider those factors on an application to set side a summary judgment, or whether it was simply within the judge's discretion to have regard to them, they were useful criteria for the court's consideration of such an application. The first two criteria might be overcome where the third criterion was satisfied.