Anne Alexander Hotels v Blake-Coulter & Ors [2016] EWHC 1457 (QB) ()

Anne Alexander Hotels v Blake-Coulter & Ors [2016] EWHC 1457 (QB) ()

The lower court erred by applying a sequential approach to CPR 39.3(5) and not considering the merits of the defence holistically; the defendants had a good reason for non-attendance, and the three conditions of CPR 39.3(5) were satisfied, warranting the setting aside of the judgment.

Citation
[2016] EWHC 1457
Parties
Claimant: Anne Alexander Hotels; Defendant: Anne Blake-Coulter; Defendant: Alex Coulter; Defendant: Third Defendant (son of Mrs BC)
Jurisdiction
England and Wales
Procedural Posture
Civil (possession and Damages) / Appeal Against Refusal to Set Aside Judgment Under CPR 39.3(3)
Outcome
Appeal allowed; order of Her Honour Judge Owens set aside; judgment of 27 July 2015 set aside; case to proceed to trial on the merits.
Legal Topics
Setting Aside Judgment, Possession Proceedings, Contractual Licence Vs Lease, Litigation Friend, CPR 39.3, Section 146 LPA 1925
Civil Procedure Property Law Setting Aside Judgment Possession Proceedings Contractual Licence Vs Lease Litigation Friend CPR 39.3 Section 146 LPA 1925

Case Brief

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Parties

Anne Alexander Hotels

Claimant

Anne Blake-Coulter

Defendant

Alex Coulter

Defendant

Third Defendant (son of Mrs BC)

Defendant

Procedural Posture

Civil (possession and Damages) / Appeal Against Refusal to Set Aside Judgment Under CPR 39.3(3)

Legal Issues

  1. 1 Whether the defendants had a good reason for not attending the trial under CPR 39.3(5)
  2. 2 Whether the LTSA was a lease or a licence
  3. 3 Whether the absence of a litigation friend invalidated the order against a minor

Ratio Decidendi

The lower court erred by applying a sequential approach to CPR 39.3(5) and not considering the merits of the defence holistically; the defendants had a good reason for non-attendance, and the three conditions of CPR 39.3(5) were satisfied, warranting the setting aside of the judgment.

Court Disposition

Appeal allowed; order of Her Honour Judge Owens set aside; judgment of 27 July 2015 set aside; case to proceed to trial on the merits.

Orders

  • Permission to appeal granted.
  • Appeal allowed.