Hackney v Driscoll [2003] EWCA Civ 1037 (16 July 2003)

Hackney v Driscoll [2003] EWCA Civ 1037 (16 July 2003)

Where a defendant had notice of the proceedings and participated, but did not receive notice of the hearing date, the court is not obliged to set aside the judgment as of right; it must apply CPR 39.3(5), including the requirement that the applicant has a reasonable prospect of success at trial.

Citation
[2003] EWCA Civ 1037
Parties
Claimant/respondent: London Borough of Hackney; Defendant/appellant: Robert Driscoll
Jurisdiction
England and Wales
Judgment Date
16 July 2003
Procedural Posture
Civil Appeal / Second Appeal From Circuit Judge's Refusal to Set Aside Possession Order
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgments, Possession Proceedings, Notice of Hearing, CPR 39.3(5), Right to Fair Hearing
Civil Procedure Property Law Setting Aside Judgments Possession Proceedings Notice of Hearing CPR 39.3(5) Right to Fair Hearing

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Parties

London Borough of Hackney

Claimant/respondent

Robert Driscoll

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From Circuit Judge's Refusal to Set Aside Possession Order

Legal Issues

  1. 1 Whether a defendant who had notice of proceedings but not of the trial date is entitled as of right to have a possession order set aside
  2. 2 Whether the court must consider the applicant's prospects of success under CPR 39.3(5)(c) in such circumstances

Ratio Decidendi

Where a defendant had notice of the proceedings and participated, but did not receive notice of the hearing date, the court is not obliged to set aside the judgment as of right; it must apply CPR 39.3(5), including the requirement that the applicant has a reasonable prospect of success at trial.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of circuit judge refusing to set aside possession order affirmed