Bank of Scotland v Pereira and others [2011] EWCA Civ 241, [2011] All ER (D) 94 (Mar)
Court of Appeal, Civil Division, Lord Neuberger MR, Lloyd and Gross LJJ, 9 Mar 2011
The Court of Appeal, Civil Division, issued guidance in relation to a defendant’s application under CPR 39.3 to set aside an order, and an attempt to appeal against that order.
Joanna Shaw (instructed by Paul Smith & Co) for the first defendant. Gary Lidington (instructed by Aldridge and Brownlee) for the the second and third defendants.
An order was made on 21 June 2007 (the 2007 order), against the first defendant, in her absence. She applied to set aside parts of the order, pursuant to CPR 39.3. The judge dismissed the application and she appealed. She also sought permission to appeal against the 2007 order itself.
Lord Neuberger MR:
While the purpose of CPR 39.3 was readily apparent, the relationship between a defendant’s application under CPR 39.3 to set aside an order, and any attempt to appeal against the order, was more difficult. There were six points which could at least act as guidelines.
First,
