Kenny & Ors v Abubaker & Ors

Kenny & Ors v Abubaker & Ors

Appellant's reliance on assurances from a conflicted co-defendant was not a good reason for non-attendance; both District Judge and Judge were correct in finding appellant failed to satisfy CPR 27.11(3)(a); appeal dismissed.

Parties
Respondents: Kenny & Ors; Appellants: Abubaker & Ors
Jurisdiction
England and Wales
Judgment Date
23 October 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Judgment, Tenancy Deposit, CPR 27.11, CPR 39.3, Housing Act 2004, Overriding Objective, Article 6 ECHR
Civil Procedure Landlord and Tenant Setting Aside Judgment Tenancy Deposit CPR 27.11 CPR 39.3 Housing Act 2004 Overriding Objective +1 more

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Parties

Kenny & Ors

Respondents

Abubaker & Ors

Appellants

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant had a good reason for not attending or being represented at the hearing for purposes of CPR 27.11(3)(a)
  2. 2 Whether the court had power to extend time under CPR 27.11(2)
  3. 3 Whether the District Judge erred in refusing to set aside the judgment

Ratio Decidendi

Appellant's reliance on assurances from a conflicted co-defendant was not a good reason for non-attendance; both District Judge and Judge were correct in finding appellant failed to satisfy CPR 27.11(3)(a); appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.