Kuznetsov v Amazon Services Europe SARL

Kuznetsov v Amazon Services Europe SARL

The district judge had jurisdiction under CPR 27.11 to set aside her earlier judgment because the respondent was not a party at the time of the original judgment, had not attended or given notice, and had a good reason for not doing so. The court could extend the time for the application in the circumstances, and the requirements of CPR 27.11 were met.

Parties
Appellant: Alex Kuznetsov; Respondent: Amazon Services Europe SARL
Jurisdiction
England and Wales
Judgment Date
11 June 2019
Procedural Posture
Civil Appeal / Second Appeal to the Court of Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgments, Small Claims Track, Finality of Judgments, Jurisdiction, Abuse of Process
Civil Procedure Setting Aside Judgments Small Claims Track Finality of Judgments Jurisdiction Abuse of Process

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Parties

Alex Kuznetsov

Appellant

Amazon Services Europe SARL

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the district judge had jurisdiction to set aside her own earlier judgment of 15 September 2015
  2. 2 Whether CPR 27.11 provided jurisdiction to set aside the judgment
  3. 3 Whether the application to set aside was made in time or with sufficient reason for delay

Ratio Decidendi

The district judge had jurisdiction under CPR 27.11 to set aside her earlier judgment because the respondent was not a party at the time of the original judgment, had not attended or given notice, and had a good reason for not doing so. The court could extend the time for the application in the circumstances, and the requirements of CPR 27.11 were met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.