Fatima v Family Channel Ltd & Anor

Fatima v Family Channel Ltd & Anor

The judge hearing an application under CPR Part 39.3(3) is not bound by the previous trial judge's decision to refuse adjournment or proceed in absence; the application is a separate exercise of discretion, and may succeed on the same facts if the three conditions in CPR 39.3(5) are met. The District Judge was entitled to set aside the judgment and orders against Ms Fatima, as she had a good reason for non-attendance, acted promptly, and had reasonable prospects of success.

Parties
Appellant/defendant and Part 20 Claimant: Saima Fatima; 1st Respondent/claimant and 1st Part 20 Defendant: Family Channel Limited; 2nd Respondent/2nd Part 20 Defendant: Mr Tahir Riaz
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision
Outcome
Appeal allowed; District Judge's decision restored
Legal Topics
Adjournment of Trial, Setting Aside Judgment, CPR Part 3.1(2)(b), CPR Part 39.3, Judicial Discretion, Medical Evidence, Overriding Objective, Relief From Sanctions
Civil Procedure Adjournment of Trial Setting Aside Judgment CPR Part 3.1(2)(b) CPR Part 39.3 Judicial Discretion Medical Evidence Overriding Objective +1 more

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Parties

Saima Fatima

Appellant/defendant and Part 20 Claimant

Family Channel Limited

1st Respondent/claimant and 1st Part 20 Defendant

Mr Tahir Riaz

2nd Respondent/2nd Part 20 Defendant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision

Legal Issues

  1. 1 Whether the judge hearing an application under CPR Part 39.3(3) is bound by the previous trial judge's decision to refuse adjournment
  2. 2 Whether a change of circumstances or new material is required for a CPR Part 39.3(3) application to succeed
  3. 3 Whether the District Judge was correct to set aside the judgment and orders against Ms Fatima

Ratio Decidendi

The judge hearing an application under CPR Part 39.3(3) is not bound by the previous trial judge's decision to refuse adjournment or proceed in absence; the application is a separate exercise of discretion, and may succeed on the same facts if the three conditions in CPR 39.3(5) are met. The District Judge was entitled to set aside the judgment and orders against Ms Fatima, as she had a good reason for non-attendance, acted promptly, and had reasonable prospects of success.

Court Disposition

Appeal allowed; District Judge's decision restored

Orders

  • District Judge's order setting aside the Recorder's judgment and orders is restored
  • Matter to proceed to trial with special arrangements for Ms Fatima