Thomson Directories Ltd v Planet Telecom Plc & Ors [2003] EWHC 1882 (Ch) (04 July 2003)

Mr. Hutcheon failed to act promptly in issuing and serving his application to set aside the judgment and failed to provide a good reason for non-attendance at the hearing, as required by CPR 39.3(5).

Citation: [2003] EWHC 1882 (Ch)
Parties: Claimant: Thomson Directories Limited; First Defendant: Planet Telecom Plc; Second Defendant: Dancibar Limited; Third Defendant: 192 Enquiries. Com Limited; Fourth Defendant: Peter Hutcheon
Jurisdiction: England and Wales
Judgment Date: 04 July 2003
Procedural Posture: Application to Set Aside Judgment (chancery Division) / Post Judgment Application
Outcome: Application to set aside judgment dismissed
Legal Topics: Setting Aside Judgment, CPR 39.3, Database Rights, Copyright Infringement, Adjournment for Medical Reasons

Civil Procedure Intellectual Property Setting Aside Judgment CPR 39.3 Database Rights Copyright Infringement Adjournment for Medical Reasons

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Parties

Thomson Directories Limited

Claimant

Planet Telecom Plc

First Defendant

Dancibar Limited

Second Defendant

192 Enquiries. Com Limited

Third Defendant

Peter Hutcheon

Fourth Defendant

Procedural Posture

Application to Set Aside Judgment (chancery Division) / Post Judgment Application

Legal Issues

1 Whether the fourth defendant's application to set aside the judgment under CPR 39.3 should be granted
2 Whether the applicant acted promptly
3 Whether there was a good reason for non-attendance at trial

Ratio Decidendi

Mr. Hutcheon failed to act promptly in issuing and serving his application to set aside the judgment and failed to provide a good reason for non-attendance at the hearing, as required by CPR 39.3(5).

Court Disposition

Application to set aside judgment dismissed

Orders

Application to set aside the judgment of 6 March 2003 is dismissed