Estate Acquisition and Development Ltd v Wiltshire & Anor [2006] EWCA Civ 533 (04 May 2006)

Estate Acquisition and Development Ltd v Wiltshire & Anor [2006] EWCA Civ 533 (04 May 2006)

Defendants had a good reason for not attending the hearing because they had no knowledge of the proceedings, and there was no evidence they deliberately avoided receipt of communications to frustrate litigation; the judge below adopted the wrong approach by conflating obligations in the legal relationship with litigation obligations.

Citation
[2006] EWCA Civ 533
Parties
Respondent/claimant: Estate Acquisition and Development Ltd; Appellants/defendants: Wiltshire & anr
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Civil Appeal / Court of Appeal, Second Appeal
Outcome
Appeal allowed
Legal Topics
Relief From Forfeiture, Setting Aside Judgment, Service of Proceedings, CPR 39.3(5)
Civil Procedure Landlord and Tenant Relief From Forfeiture Setting Aside Judgment Service of Proceedings CPR 39.3(5)

Case Brief

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Parties

Estate Acquisition and Development Ltd

Respondent/claimant

Wiltshire & anr

Appellants/defendants

Procedural Posture

Civil Appeal / Court of Appeal, Second Appeal

Legal Issues

  1. 1 Whether defendants had a good reason for not attending the hearing under CPR 39.3(5)(b)
  2. 2 Whether promptness and reasonable prospect of success were satisfied
  3. 3 Effect of deemed service under CPR 6.5(6)

Ratio Decidendi

Defendants had a good reason for not attending the hearing because they had no knowledge of the proceedings, and there was no evidence they deliberately avoided receipt of communications to frustrate litigation; the judge below adopted the wrong approach by conflating obligations in the legal relationship with litigation obligations.

Court Disposition

Appeal allowed

Orders

  • Order of 10 February 2004 set aside
  • Defendants permitted to defend the claim