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Setting aside an order made in the absence of the respondent (Ghadami v Bloomfield and others)

Published on: 26 October 2016
Published by: LexisPSL
  • Setting aside an order made in the absence of the respondent (Ghadami v Bloomfield and others)
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  • How should the court deal with the concurrent appeal and application?
  • How should an application to set aside by a non-attending party be dealt with?
  • Should the court have adjourned the hearing?
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Article summary

Dispute Resolution analysis: Norris J has dismissed an application under CPR 23.11 to set aside an order made at an application hearing in the respondent’s absence. In doing so he adopted the factors applicable to applications made under CPR 39.3 (where the hearing in question is a trial), including whether or not the respondent has an arguable case on the merits. He also clarified that the principle in Pereira, that the respondent should apply to set aside the order before appealing, applies in the case of applications under CPR 23.11. or take a trial to read the full analysis.

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