KD v Gaisford

KD v Gaisford

The defendant failed to demonstrate a good reason for not attending trial, having taken no practical steps to arrange attendance or representation despite repeated warnings and opportunities. The application to set aside judgment was refused as it did not satisfy the mandatory criteria under CPR 39.3(3).

Parties
Claimant/respondent: KD; Defendant/applicant: Philip Gaisford
Jurisdiction
England and Wales
Judgment Date
23 October 2019
Procedural Posture
Civil / Post Trial Application to Set Aside Judgment
Outcome
application dismissed
Legal Topics
Sexual Assault, Damages, Setting Aside Judgment, Limitation
Tort Civil Procedure Sexual Assault Damages Setting Aside Judgment Limitation

Case Brief

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Parties

KD

Claimant/respondent

Philip Gaisford

Defendant/applicant

Procedural Posture

Civil / Post Trial Application to Set Aside Judgment

Legal Issues

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

Ratio Decidendi

The defendant failed to demonstrate a good reason for not attending trial, having taken no practical steps to arrange attendance or representation despite repeated warnings and opportunities. The application to set aside judgment was refused as it did not satisfy the mandatory criteria under CPR 39.3(3).

Court Disposition

application dismissed

Orders

  • application to set aside judgment refused