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31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
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Practice

Tinkler and another v Elliott [2012] EWHC 600 (QB), [2012] All ER (D) 125 (May)

In order to succeed in an application to set aside judgment, a party had to satisfy the criteria in CPR r 39.3(5) (a) to (c) by showing that he acted promptly when he found out the court had exercised its power to enter judgment, that he had a good reason for not attending the trial, and that he had a reasonable prospect of success, namely, a defence which carried some degree of conviction. What was “prompt” depended on all the circumstances of the case, however the court had to be cautious in the flexibility it gave to the interpretation of promptness. Such an approach enabled the court to do justice in accordance with the overriding objective.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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