header-logo header-logo

Civil procedure

23 July 2009
Issue: 7379 / Categories: Case law , Law digest
printer mail-detail

Berezovsky v The Russian Television and Radio Broadcasting Company and another [2009] EWHC 1733 (QB); [2009] All ER (D) 128 (Jul)

The court’s discretion to set aside judgment under CPR r 13.3 was a broad one, which could be exercised if there was considered to be “some other good reason why…the defendant should be allowed to defend the claim”. In setting aside the default judgment, the High Court stated that where an allegation as serious as that in the instant case was made, involving the suggestion that someone had been granted asylum on a false basis and in the light of evidence obtained by threats and/or by drugging a relevant witness, it was plainly desirable and indeed in the public interest that the allegation should be given as full and fair a hearing as the circumstances permitted.
 

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
back-to-top-scroll