WXY v Gewanter & Anor

Mr Burby failed to establish a good reason for not attending the trial and did not have a reasonable prospect of success at trial; 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).

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: Civil / Post Judgment Application to Set Aside Judgment Under CPR 39.3(3)
Outcome: Application to set aside judgment dismissed.
Legal Topics: Setting Aside Judgment, Breach of Confidence, Misuse of Private Information, Harassment, Promptness, Good Reason for Non Attendance, Reasonable Prospect of Success

Civil Procedure Privacy Law Harassment Setting Aside Judgment Breach of Confidence Misuse of Private Information Promptness Good Reason for Non Attendance +1 more

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

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

Legal Issues

1 Whether Mr Burby acted promptly in applying to set aside judgment
2 Whether Mr Burby had a good reason for not attending the trial
3 Whether Mr Burby had a reasonable prospect of success at the trial

Ratio Decidendi

Court Disposition

Application to set aside judgment dismissed.

Orders

Application to set aside the judgment of 6th March 2012 is dismissed.