Brookes v Hodgson

The failure to serve the application was a serious breach of a mandatory requirement, but in all the circumstances, including the sending of a subsequent letter and the Respondent's current awareness, relief would have been granted and no order is made on the application to strike out.

Parties: Claimant: John Roger Brookes; Defendant: Douglas Hodgson
Jurisdiction: England and Wales
Judgment Date: 22 February 2018
Procedural Posture: Civil Appeal / Interlocutory Application on Appeal
Outcome: No order made on both limbs of the Defendant's application.
Legal Topics: Setting Aside Statutory Demand, Extension of Time, Noncompliance With Practice Direction, Relief From Sanctions

Civil Procedure Setting Aside Statutory Demand Extension of Time Noncompliance With Practice Direction Relief From Sanctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

John Roger Brookes

Claimant

Douglas Hodgson

Defendant

Procedural Posture

Civil Appeal / Interlocutory Application on Appeal

Legal Issues

1 Whether failure to serve application for oral reconsideration on the Defendant warranted a strike out of the appeal
2 Whether the explanation for noncompliance justified relief from sanction
3 Whether there was evidence of fraud or deliberate misleading of the court

Ratio Decidendi

Court Disposition

No order made on both limbs of the Defendant's application.

Orders

No order on the application for an unless order to strike out the appeal.
No order on the application requiring Mr Jackson's attendance, as he attended and provided a witness statement.