Masood Ahmed examines the court’s approach to a party’s non-attendance at trial, & the high bar for applications to set aside the resulting judgment
- The Court of Appeal’s judgment in Mabrouk v Murray provides helpful guidance on the approach the courts will take when considering applications under CPR 39.3 following the non-attendance of a party.
- An application to set aside a judgment or order of a court must clearly satisfy all of the conditions in CPR 39.3(5), and the application must be supported with strong evidence and convincing arguments.
Where a party has failed to attend trial, a court may proceed with a trial in the absence of that party. However, the non-attending party may, pursuant to CPR 39.3(3), subsequently make an application to the court to set aside any judgment or order made against it. A court may only grant an application under CPR 39.3(3) if it is satisfied that each of the three limbs of CPR 39.3(5) have been met. CPR 39.3(5) provides that the applicant:
a. must have acted promptly;
b. must have a good reason for not attending; and
