|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 242 (Oct)|
|Court:||Court of Appeal, Civil Division|
Hallett, Etherton LJJ and Dame Janet Smith (judgment delivered extempore)
|Representation||The claimants appeared in person.|
|Dean Underwood and Liam Glenister (instructed by the Bar Pro Bono Unit) for F.|
|Judgment Dates:||23 October 2012|
Judgment - Setting aside - Judgment after trial in absence of party - Claimants seeking recovery of deposit paid in regard to domestic tenancy - Defendants disputing liability for deposit - Second defendant maintaining first defendant liable - Trial on merits of claim taking place in absence of defendants - Second defendant applying to set aside judgment made in absence - Second defendant submitting first defendant giving assurances of liability - Judge dismissing application to set aside judgment - Second defendant appealing - Whether judge erring - CPR 27.11.