Nageh v Giddings & Anor

Nageh v Giddings & Anor

The application to set aside summary judgment was not made promptly, there was no reasonable excuse for the delay, and service of documents was proper under CPR 6.5(6); therefore, the application must be dismissed.

Parties
Claimant: Nageh; Defendant: Richard Giddings; Defendant: Another (Second Defendant, former wife of Richard Giddings)
Jurisdiction
England and Wales
Judgment Date
08 December 2006
Procedural Posture
Application / Ruling on Application to Set Aside Summary Judgment
Outcome
Application dismissed
Legal Topics
Summary Judgment, Service of Process, Adjudication Enforcement, Relief From Sanctions
Civil Procedure Construction Law Summary Judgment Service of Process Adjudication Enforcement Relief From Sanctions

Case Brief

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Parties

Nageh

Claimant

Richard Giddings

Defendant

Another (Second Defendant, former wife of Richard Giddings)

Defendant

Procedural Posture

Application / Ruling on Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Whether the application to set aside summary judgment was made promptly
  2. 2 Whether there was a good explanation for the Defendants' non-attendance
  3. 3 Whether service of court documents was proper under CPR 6.5(6)

Ratio Decidendi

The application to set aside summary judgment was not made promptly, there was no reasonable excuse for the delay, and service of documents was proper under CPR 6.5(6); therefore, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Order for summary judgment dated 11th March 2005 remains in force