WXY v Gewanter & Anor [2012] EWHC 1490 (QB) (30 May 2012)

WXY v Gewanter & Anor [2012] EWHC 1490 (QB) (30 May 2012)

Mr Burby failed to establish a good reason for not attending trial and did not have a reasonable prospect of success; his application to set aside the judgment was dismissed as he did not satisfy two of the three mandatory conditions under CPR 39.3(5).

Citation
[2012] EWHC 1490
Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Application to Set Aside Judgment Under CPR 39.3(3) / Post Judgment Application
Outcome
Application dismissed
Legal Topics
Setting Aside Judgment, Breach of Confidence, Misuse of Private Information, Harassment, CPR 39.3(3)
Civil Procedure Privacy Law Harassment Setting Aside Judgment Breach of Confidence Misuse of Private Information CPR 39.3(3)

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Application to Set Aside Judgment Under CPR 39.3(3) / Post Judgment Application

Legal Issues

  1. 1 Whether Mr Burby satisfied the three conditions under CPR 39.3(5) to set aside the judgment: promptness, good reason for non-attendance, reasonable prospect of success

Ratio Decidendi

Mr Burby failed to establish a good reason for not attending trial and did not have a reasonable prospect of success; his application to set aside the judgment was dismissed as he did not satisfy two of the three mandatory conditions under CPR 39.3(5).

Court Disposition

Application dismissed

Orders

  • Application to set aside judgment of 6 March 2012 dismissed