Source: All England Reporter
Publisher Citation: [2012] 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.

The Case

Judgment Setting aside. The Court of Appeal, Civil Division, held that the second defendant had failed to establish good reason for his non-attendance or representation at a hearing on the merits of the claim against him and his co-defendants and that, accordingly, the dismissal of his application to set aside judgment granted in the claimants' favour had not been wrong.

Practice Areas

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