- Jurisdiction of District Judge to set aside a previous order (Kuznetsov v Amazon Services Europe SARL)
- What are the practical implications of this case?
- What was the background?
- What did the Court of Appeal decide?
- Case details
Dispute Resolution analysis: A District Judge has jurisdiction under CPR 27.11 to set aside their own order, despite the order being ‘final and conclusive’ pursuant to section 70 of the County Courts Act 1984 (CCA 1984). In the case of non-attendance by a party in a small claim leading to a judgment pursuant to CPR 27.9, the first recourse for setting aside that judgment is to CPR 27.11. In this particular case the claim had been issued against the wrong party, which was a connected but entirely separate legal entity. The ‘correct’ party had played some part in assisting the named defendant but the court held that it had not submitted to the claim and could therefore seek to set aside the judgment under CPR 27.11 on the basis that they were not present at the hearing and had a good reason for not being present. Written by Matthew Winn-Smith, barrister at Lamb Chambers.
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