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


Reference:
Balengani v Sharifpoor [2020] EWHC 1571 (QB)

Date:
19th June 2020

Court:
High Court

Facts:

Mini-summary:

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.

 

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Judge:
Mr Justice Goose

Comment:
Associated Members:


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