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 non-attendance at trial and did not have a reasonable prospect of success; only promptness was satisfied, so the application to set aside judgment must be refused under CPR 39.3(5).

Citation
[2012] EWHC 1490 (QB)
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 to Set Aside
Outcome
Application dismissed
Legal Topics
Setting Aside Judgment, Breach of Confidence, Misuse of Private Information, Harassment, CPR 39.3, Protection From Harassment Act 1997
Civil Procedure Privacy Law Harassment Setting Aside Judgment Breach of Confidence Misuse of Private Information CPR 39.3 Protection From Harassment Act 1997

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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 to Set Aside

Legal Issues

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

Ratio Decidendi

Mr Burby failed to establish a good reason for non-attendance at trial and did not have a reasonable prospect of success; only promptness was satisfied, so the application to set aside judgment must be refused under CPR 39.3(5).

Court Disposition

Application dismissed

Orders

  • Application to set aside judgment of 6 March 2012 is refused