Mohun -Smith v TBO Investments Ltd [2014] EWHC 3241 (QB) (31 July 2014)
The defendant failed to act promptly upon learning of the judgment and failed to provide adequate medical evidence to establish a good reason for non-attendance at trial. As two of the three mandatory requirements under CPR 39.3(5) were not met, the application to set aside the judgment was dismissed.
- Citation
- [2014] EWHC 3241 (QB)
- Parties
- Claimant: Andrew Mohun-Smith; Defendant: TBO Investments Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2014
- Procedural Posture
- Civil / Application to Set Aside Judgment Under CPR 39.3(5)
- Outcome
- Application dismissed
- Legal Topics
- Setting Aside Judgment, Non Attendance at Trial, Adjournment Applications, Medical Evidence Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew Mohun-Smith
Claimant
TBO Investments Ltd
Defendant
Procedural Posture
Civil / Application to Set Aside Judgment Under CPR 39.3(5)
Legal Issues
- 1 Whether the defendant acted promptly upon learning of the judgment
- 2 Whether the defendant had a good reason for not attending the trial
- 3 Whether the defendant had a reasonable prospect of success at trial
Ratio Decidendi
The defendant failed to act promptly upon learning of the judgment and failed to provide adequate medical evidence to establish a good reason for non-attendance at trial. As two of the three mandatory requirements under CPR 39.3(5) were not met, the application to set aside the judgment was dismissed.
Court Disposition
Application dismissed
Orders
- Application to set aside judgment refused
- Judgment and order of 30 June 2014 remain in force
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