Summary of Recent Cases – Civil Procedure

Application to set aside judgment dismissed
WXY v (1) Henry Gewanter (2) Positive Profile Ltd (3) Mark Burby [2012] EWHC 1490 (QB) 30/05/12

In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had an arguable case on the merits and had applied to set aside the judgment promptly. If each of those three hurdles was surmounted, the judgment would be set aside, save in a very exceptional case. The court no longer had a broad discretion whether to grant such an application. As the applicant had failed to satisfy two of the three conditions his application to set aside the judgment could not succeed.

A master was fully justified in not ordering a split trial where there was an overlap on the issues of liability and quantum
Da Costa v Oloho & Ors, QBD [2012] (Admin) 25/05/12

It was held that the master had in mind the nature of the accident and the need for one judge to look at the whole matter when determining there should not be a split trial in a personal injury action. He understood that there was an overlap in the case and that the expert evidence relating to the injuries would be relevant to liability and quantum. It was not fair on the master to say that there had been a lack of reasons as his reasons were plain to the parties and were cogent. The master exercised his discretion correctly and his decision was within the ambit of his case management discretion and were not manifestly wrong.

July 1, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases