Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)

Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)

A judge hearing an application under CPR Part 39.3(3) is not bound by a previous refusal to adjourn or by findings of the trial judge; the application is a separate exercise of discretion, and the District Judge was entitled to set aside the judgment upon finding a good reason for non-attendance, acting within the proper ambit of discretion. The appellate judge erred in treating the application as bound by the earlier decision and in requiring new material or a change of circumstances.

Citation
[2020] EWCA Civ 824
Parties
Appellant/defendant and Part 20 Claimant: Saima Fatima; 1st Respondent/claimant and 1st Part 20 Defendant: Family Channel Limited; 2nd Respondent/2nd Part 20 Defendant: Mr Tahir Riaz
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
Civil Appeal / Second Appeal to Court of Appeal From County Court
Outcome
Appeal allowed; District Judge's decision to set aside judgment restored.
Legal Topics
Setting Aside Judgment, Non Attendance at Trial, Adjournment, CPR Part 39.3, CPR Part 3.1(2)(b), Judicial Discretion
Civil Procedure Setting Aside Judgment Non Attendance at Trial Adjournment CPR Part 39.3 CPR Part 3.1(2)(b) Judicial Discretion

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Parties

Saima Fatima

Appellant/defendant and Part 20 Claimant

Family Channel Limited

1st Respondent/claimant and 1st Part 20 Defendant

Mr Tahir Riaz

2nd Respondent/2nd Part 20 Defendant

Procedural Posture

Civil Appeal / Second Appeal to Court of Appeal From County Court

Legal Issues

  1. 1 Whether a judge hearing an application under CPR Part 39.3(3) is bound by a previous refusal to adjourn under CPR Part 3.1(2)(b)
  2. 2 Whether the District Judge was entitled to set aside the judgment and orders made in the applicant's absence
  3. 3 Whether the appellate judge erred in overturning the District Judge's exercise of discretion

Ratio Decidendi

A judge hearing an application under CPR Part 39.3(3) is not bound by a previous refusal to adjourn or by findings of the trial judge; the application is a separate exercise of discretion, and the District Judge was entitled to set aside the judgment upon finding a good reason for non-attendance, acting within the proper ambit of discretion. The appellate judge erred in treating the application as bound by the earlier decision and in requiring new material or a change of circumstances.

Court Disposition

Appeal allowed; District Judge's decision to set aside judgment restored.

Orders

  • District Judge's order reinstated; judgment and orders of the Recorder set aside; matter to proceed to trial with appropriate directions.