Set Aside or Appeal? Choose your Remedy with Care – Hardwicke Chambers

Posted April 11th, 2012 in appeals, civil procedure rules, default judgments, news by sally

“The interrelation between a party’s right to apply to set aside an order made in his absence and his right to appeal is one of recognised difficulty. Until recently, it had received little attention: a decision at first instance in Tennero Ltd v Arnold [2007] 1 WLR 1025 and one on appeal in Attorney General of Zambia v Meer Care & Desai [2008] EWCA Civ 754 (the ‘Boutique Basile’ case). In 2011, however, the Court of Appeal had cause to reconsider the interplay of Civil Procedure Rules (‘CPR’) 39.3 and 52 in Bank of Scotland plc v Pereira [2011] EWCA Civ 241 [2011] 1 WLR 2391.”

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Hardwicke Chambers, 10th April 2012