Source: All England Reporter
Publisher Citation: [2012] All ER (D) 195 (May)
Court: Queen's Bench Division
Judge:

Judge Seymour QC (stting as a judge of the High Court) (judgment delivered extempore)

Representation Robert Strang (instructed by Thomson Snell and Passmore) for the claimant.
  Gerard von Tonder (instructed by Withers LLP) for the defendant.
Judgment Dates: 25 May 2012

Catchwords

Judgment - Setting aside - Judgment after trial in absence of party - Judgment being entered in claimant's favour in defendant's absence - Defendant applying for judgment to be set aside - Whether defendant having real prospect of success at trial - CPR Pt 39.3.

The Case

Judgment Setting aside. The Queen's Bench Division dismissed the defendant's application that the judgment in favour of the claimant be set aside pursuant to Pt 39.3 of the CPR as the defendant's case had no real prospect of success.

Practice Areas

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