Ben Leeson & Anor v Donald McPherson

Ben Leeson & Anor v Donald McPherson

The defendant was fully aware of the trial date and requirements, had ample opportunity to attend or arrange representation, made no application for adjournment, and has deliberately chosen not to attend. There are compelling reasons to proceed in his absence to ensure the case is determined without further delay.

Source-derived case information.

Parties
Claimant: Ben Leeson; Claimant: William Leeson; Defendant: Donald McPherson
Jurisdiction
England and Wales
Judgment Date
22 April 2024
Procedural Posture
Civil / Ruling on Whether to Proceed to Trial in Absence of Defendant
Outcome
Trial to proceed in absence of defendant
Legal Topics
Trial in Absence of Party, Case Management, Adjournment, Representation, Overriding Objective
Civil Procedure Trusts and Probate Trial in Absence of Party Case Management Adjournment Representation Overriding Objective

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ben Leeson

Claimant

William Leeson

Claimant

Donald McPherson

Defendant

Procedural Posture

Civil / Ruling on Whether to Proceed to Trial in Absence of Defendant

Legal Issues

  1. 1 Whether the trial should proceed in the absence of the defendant
  2. 2 Whether the defendant had a fair opportunity to attend and be represented
  3. 3 Whether there are compelling reasons to proceed without the defendant

Ratio Decidendi

The defendant was fully aware of the trial date and requirements, had ample opportunity to attend or arrange representation, made no application for adjournment, and has deliberately chosen not to attend. There are compelling reasons to proceed in his absence to ensure the case is determined without further delay.

Court Disposition

Trial to proceed in absence of defendant

Orders

  • The trial shall proceed in the absence of the defendant, Mr Donald McPherson.