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Civil procedure

23 July 2009
Issue: 7379 / Categories: Case law , Law digest
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Berezovsky v The Russian Television and Radio Broadcasting Company and another [2009] EWHC 1733 (QB); [2009] All ER (D) 128 (Jul)

The court’s discretion to set aside judgment under CPR r 13.3 was a broad one, which could be exercised if there was considered to be “some other good reason why…the defendant should be allowed to defend the claim”. In setting aside the default judgment, the High Court stated that where an allegation as serious as that in the instant case was made, involving the suggestion that someone had been granted asylum on a false basis and in the light of evidence obtained by threats and/or by drugging a relevant witness, it was plainly desirable and indeed in the public interest that the allegation should be given as full and fair a hearing as the circumstances permitted.
 

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