header-logo header-logo

30 September 2022 / Masood Ahmed
Issue: 7996 / Categories: Features , Procedure & practice , CPR
printer mail-detail

Absent without leave

Masood Ahmed examines the court’s approach to a party’s non-attendance at trial, & the high bar for applications to set aside the resulting judgment
  • The Court of Appeal’s judgment in Mabrouk v Murray provides helpful guidance on the approach the courts will take when considering applications under CPR 39.3 following the non-attendance of a party.
  • An application to set aside a judgment or order of a court must clearly satisfy all of the conditions in CPR 39.3(5), and the application must be supported with strong evidence and convincing arguments.

Where a party has failed to attend trial, a court may proceed with a trial in the absence of that party. However, the non-attending party may, pursuant to CPR 39.3(3), subsequently make an application to the court to set aside any judgment or order made against it. A court may only grant an application under CPR 39.3(3) if it is satisfied that each of the three limbs of CPR 39.3(5) have been met. CPR 39.3(5) provides that the applicant:

a. must have acted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll