London Borough Of Hackney v Driscoll [2001] EWCA Civ 2086 (14 December 2001)

London Borough Of Hackney v Driscoll [2001] EWCA Civ 2086 (14 December 2001)

The appeal was granted and the matter remitted to the county court for all issues to be dealt with together, as the court has discretion to set aside an order where a party did not receive notice of trial through no fault of their own, and justice requires investigation of the complaint.

Citation
[2001] EWCA Civ 2086
Parties
Claimant/respondent: London Borough of Hackney; Defendant/appellant: Robert Driscoll
Jurisdiction
England and Wales
Judgment Date
14 December 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal granted
Legal Topics
Setting Aside Judgments, Failure to Attend Trial, Notice Requirements, Civil Procedure Rules
Civil Procedure Setting Aside Judgments Failure to Attend Trial Notice Requirements Civil Procedure Rules

Case Brief

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Parties

London Borough of Hackney

Claimant/respondent

Robert Driscoll

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether an order for possession should be set aside where the defendant did not receive notice of trial
  2. 2 Whether Civil Procedure Rules Part 39 or other provisions apply to setting aside the order

Ratio Decidendi

The appeal was granted and the matter remitted to the county court for all issues to be dealt with together, as the court has discretion to set aside an order where a party did not receive notice of trial through no fault of their own, and justice requires investigation of the complaint.

Court Disposition

Appeal granted

Orders

  • Matter remitted to county court for all issues to be dealt with together
  • No order for costs