||All England Reporter
|| All ER (D) 508 (Jul)
|| EWCA Civ 1135
||Court of Appeal, Civil Division
Mummery, Hale and Carnwath LJJ
||Bridget Williamson (instructed by Davies Lavery) for the claimant.
||Karl King (instructed by Wheelers) for the defendant.
||31 July 2002
Judgment - Default of appearance - Setting aside judgment - Discretion of judge - Court giving judgment in absence of defendant - Judge granting defendant's application to set aside order - Whether judge in error - Factors to be considered by court in deciding whether to set judgment aside - CPR 39.3(5).
In the instant case, the combined effect of the defendant acting in person, the handicap of his illiteracy, and his non-receipt of the order notifying him of the trial date had been sufficient to be acceptable as a 'good reason' for his non-attendance and to have entitled the judge to invoke the discretion of the court to set aside the judgment given in the defendant's absence under CPR39.3(5)(b).
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