Kenny & Ors v Abubaker & Ors [2012] EWCA Civ 1962 (23 October 2012)

Kenny & Ors v Abubaker & Ors [2012] EWCA Civ 1962 (23 October 2012)

The appellant did not have a good reason for failing to attend or be represented at the hearing, given the manifest conflict with the co-defendant and the evidence showing he was treated as landlord. Reliance on the co-defendant's assurances was not reasonable. The lower courts were correct in refusing to set aside the judgment under CPR 27.11(3)(a).

Citation
[2012] EWCA Civ 1962
Parties
Respondents: Kenny & Ors; Appellants: Abubaker & Ors
Jurisdiction
England and Wales
Judgment Date
23 October 2012
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Tenancy Deposit Protection, Small Claims Procedure, CPR 27.11, CPR 39.3, Housing Act 2004 S.213 215
Civil Procedure Landlord and Tenant Setting Aside Default Judgment Tenancy Deposit Protection Small Claims Procedure CPR 27.11 CPR 39.3 Housing Act 2004 S.213 215

Case Brief

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Parties

Kenny & Ors

Respondents

Abubaker & Ors

Appellants

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellant had a good reason for not attending or being represented at the hearing for the purposes of CPR 27.11(3)(a)
  2. 2 Whether the court had discretion to extend the time for application under CPR 27.11(2)
  3. 3 Whether the merits of the defence should affect the decision to set aside judgment

Ratio Decidendi

The appellant did not have a good reason for failing to attend or be represented at the hearing, given the manifest conflict with the co-defendant and the evidence showing he was treated as landlord. Reliance on the co-defendant's assurances was not reasonable. The lower courts were correct in refusing to set aside the judgment under CPR 27.11(3)(a).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of HHJ Grasse upheld; judgment for respondents stands