Thomson Directories Ltd v Planet Telecom Plc & Ors

Thomson Directories Ltd v Planet Telecom Plc & Ors

Mr. Hutcheon failed to act promptly in issuing the application to set aside the judgment and did not provide a good reason for his non-attendance at the hearing, as required by CPR r.39.3(5); therefore, the application must be dismissed.

Parties
Claimant: Thomson Directories Limited; Defendant: Planet Telecom Plc; Defendant: Dancibar Limited; Defendant: 192 Enquiries. Com Limited; Defendant: Peter Hutcheon
Jurisdiction
England and Wales
Judgment Date
04 July 2003
Procedural Posture
Application / Ruling on Application to Set Aside Judgment
Outcome
application dismissed
Legal Topics
Setting Aside Judgment, CPR R.39.3, Damages Inquiry, Adjournment, Absence at Trial
Civil Procedure Intellectual Property Setting Aside Judgment CPR R.39.3 Damages Inquiry Adjournment Absence at Trial

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Parties

Thomson Directories Limited

Claimant

Planet Telecom Plc

Defendant

Dancibar Limited

Defendant

192 Enquiries. Com Limited

Defendant

Peter Hutcheon

Defendant

Procedural Posture

Application / Ruling on Application to Set Aside Judgment

Legal Issues

  1. 1 Whether the application to set aside judgment meets the requirements of CPR r.39.3(5)
  2. 2 Whether the applicant acted promptly
  3. 3 Whether there was a good reason for not attending the hearing

Ratio Decidendi

Mr. Hutcheon failed to act promptly in issuing the application to set aside the judgment and did not provide a good reason for his non-attendance at the hearing, as required by CPR r.39.3(5); therefore, the application must be dismissed.

Court Disposition

application dismissed

Orders

  • Application to set aside the judgment is dismissed.