KD v Gaisford [2019] EWHC 3722 (QB) (23 October 2019)

KD v Gaisford [2019] EWHC 3722 (QB) (23 October 2019)

The defendant failed to demonstrate a good reason for non-attendance at trial, as he did not take reasonable steps to secure attendance or representation despite repeated warnings. Even if present, the limitation and credibility arguments would not have altered the outcome, given the available evidence and prior criminal conviction. The application to set aside judgment was dismissed.

Citation
[2019] EWHC 3722
Parties
Claimant/respondent: KD; Defendant/applicant: Philip Gaisford
Jurisdiction
England and Wales
Judgment Date
23 October 2019
Procedural Posture
Civil Tort (sexual Assault) / Application to Set Aside Judgment Under CPR 39.3(3)
Outcome
Application dismissed
Legal Topics
Setting Aside Judgment, Non Attendance at Trial, Sexual Assault, Limitation Period
Civil Procedure Tort Law Setting Aside Judgment Non Attendance at Trial Sexual Assault Limitation Period

Case Brief

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Parties

KD

Claimant/respondent

Philip Gaisford

Defendant/applicant

Procedural Posture

Civil Tort (sexual Assault) / Application to Set Aside Judgment Under CPR 39.3(3)

Legal Issues

  1. 1 Whether the defendant had a good reason for not attending trial under CPR 39.3(5)(b)
  2. 2 Whether the defendant had a reasonable prospect of success at trial under CPR 39.3(5)(c)
  3. 3 Whether limitation should bar the claim

Ratio Decidendi

The defendant failed to demonstrate a good reason for non-attendance at trial, as he did not take reasonable steps to secure attendance or representation despite repeated warnings. Even if present, the limitation and credibility arguments would not have altered the outcome, given the available evidence and prior criminal conviction. The application to set aside judgment was dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside judgment refused