Mohun -Smith v TBO Investments Ltd

Mohun -Smith v TBO Investments Ltd

The defendant failed to act promptly upon learning of the judgment and failed to provide adequate medical evidence to establish a good reason for not attending the trial. Therefore, the application to set aside the judgment under CPR 39.3(5) must be dismissed.

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, Adjournment, Promptness, Medical Evidence, CPR 39.3(5)
Civil Procedure Setting Aside Judgment Adjournment Promptness Medical Evidence CPR 39.3(5)

Case Brief

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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. 1 Whether the defendant acted promptly upon learning of the judgment against it
  2. 2 Whether the defendant had a good reason for not attending the trial
  3. 3 Whether the defendant has 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 not attending the trial. Therefore, the application to set aside the judgment under CPR 39.3(5) must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside judgment under CPR 39.3(5) is dismissed