Johnson v Sinclair [2008] EWCA Civ 667 (23 May 2008)

Johnson v Sinclair [2008] EWCA Civ 667 (23 May 2008)

The defendant failed to satisfy the cumulative requirements of CPR 39.3(5): she did not act promptly in applying to set aside the judgment, did not provide a good reason for non-attendance at trial, and did not demonstrate a reasonable prospect of success. The lower courts' decisions were not plainly wrong.

Citation
[2008] EWCA Civ 667
Parties
Appellant: Johnson; Respondent: Sinclair
Jurisdiction
England and Wales
Judgment Date
23 May 2008
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Judgment, Default Judgment, Failure to Attend Trial, CPR 39.3, Illegality Defence
Civil Procedure Setting Aside Judgment Default Judgment Failure to Attend Trial CPR 39.3 Illegality Defence

Case Brief

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Parties

Johnson

Appellant

Sinclair

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the defendant acted promptly in applying to set aside the judgment under CPR 39.3(5)
  2. 2 Whether the defendant had a good reason for not attending the trial
  3. 3 Whether the defendant had a reasonable prospect of success at trial

Ratio Decidendi

The defendant failed to satisfy the cumulative requirements of CPR 39.3(5): she did not act promptly in applying to set aside the judgment, did not provide a good reason for non-attendance at trial, and did not demonstrate a reasonable prospect of success. The lower courts' decisions were not plainly wrong.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No further applications by the defendant without leave of the court