Saleh Ibrahim Mabrouk v John Murray

Saleh Ibrahim Mabrouk v John Murray

The appellant failed to act promptly after learning of the judgment, had no good reason for not attending the trial, and did not demonstrate a reasonable prospect of success at retrial. His non-attendance was deliberate, he was offered the opportunity to participate by videolink, and his asserted defences were bare denials. The application for permission to appeal and to set aside the judgment was refused under CPR 39.3(5) and Denton v White principles.

Parties
Appellant: Saleh Ibrahim Mabrouk; Respondent: John Murray
Jurisdiction
England and Wales
Judgment Date
12 July 2022
Procedural Posture
Civil Appeal / Application for Permission to Appeal (out of Time) From High Court Judgment
Outcome
Permission to appeal refused; application to set aside judgment refused
Legal Topics
Setting Aside Judgment, Non Attendance at Trial, Relief From Sanctions, Assault and Battery, Joint Liability, Limitation of Actions
Civil Procedure Tort Law Setting Aside Judgment Non Attendance at Trial Relief From Sanctions Assault and Battery Joint Liability Limitation of Actions

Case Brief

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Parties

Saleh Ibrahim Mabrouk

Appellant

John Murray

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (out of Time) From High Court Judgment

Legal Issues

  1. 1 Whether the appellant acted promptly upon learning of the judgment against him under CPR 39.3(5)(a)
  2. 2 Whether the appellant had a good reason for not attending the trial under CPR 39.3(5)(b)
  3. 3 Whether the appellant had a reasonable prospect of success at a retrial under CPR 39.3(5)(c)

Ratio Decidendi

The appellant failed to act promptly after learning of the judgment, had no good reason for not attending the trial, and did not demonstrate a reasonable prospect of success at retrial. His non-attendance was deliberate, he was offered the opportunity to participate by videolink, and his asserted defences were bare denials. The application for permission to appeal and to set aside the judgment was refused under CPR 39.3(5) and Denton v White principles.

Court Disposition

Permission to appeal refused; application to set aside judgment refused

Orders

  • Permission to appeal out of time is refused
  • Application to set aside the judgment under CPR 39.3 is refused