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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Any case law that supports overturn a judgement due to non

Resolved Question:

Any case law that supports overturn a judgement due to non advisement of hearing as defence was struck out and judgement given
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.


A hearing was held for directions. We didnt attend as we were not advised of the hearing . It is in county court. We have lodged an application to overturn the results of the hearing in which for non-attendance our defence was struck out and judgement was awarded to the claimant.


 


I am looking for supporting case law reference to support the judgement being overturned and defence reinstated on the basis we were not advised of the hearing date.

Expert:  UKSolicitorJA replied 3 years ago.
What you are proposing to do is quite common and is set out in the Court's case management powers:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

You may apply to set aside the court order striking out your defence as stated above on the grounds that you did not receive any notification about the hearing.

It is not a question of case law.
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