Setting aside orders made in a party’s absence—relief from sanction needed (Balengani v Sharifpoor)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: 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 the application to set aside 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. Written by Christopher Snell, barrister, at New Square Chambers.