Setting Aside Orders Made in A Party’s Absence: Relief from Sanction Needed

Balengani v Sharifpoor [2020] EWHC 1571 (QB)

19th June 2020

High Court



The Court refused to set aside two orders which had been made in the Claimant’s absence as long ago as 2014. The first order struck out the Claimant’s claim and granted Judgment on the Defendant’s counterclaim. The second order awarded damages to the Defendant in an amount determined at the hearing. The Court held that the Claimant needed to satisfy the Denton principles in relation to each of the orders – despite different CPR rules applying to the application to set aside each order – but that the Claimant was unable to do so on the facts.


Please click here to read the full analysis. 

Mr Justice Goose

Associated Members:

© New Square Chambers Ltd : Barristers regulated by the Bar Standards Board.