Posted on 22nd May 2013
Wang v Wooles (17/05/2013)
Rowan Morton successfully defended an application to set aside judgment in a tenant's claim of unlawful eviction and harassment in circumstances where service of the claim form against an individual landlord had incorrectly been at her business address.
There was a previous application to set aside judgment that the Defendant had failed to attend, and the Judge remarked that had she attended that application there was little doubt it would have succeeded under CPR 13.2. However damages had since been assessed, and the prospects of the Defendant succeeding in the original action were low. The Judge found Rowan's submissions "particularly persuasive".
The cases of Henriksen v Pires  EWCA Civ 1720, and Mullock v Price  EWCA Civ 1222 relied upon by Rowan discussed the need for finality in litigation, the importance of an unexplained lengthy delay and the stress and inconvenience the other party would have to endure if a case were begun all over again.