Property News

Rowan Morton defend long running landlord case

Posted on 22nd May 2013

Rowan Morton defends 2nd application to set aside judgment in long-running landlord & tenant case

Summary: Wang v Wooles finally concluded last week, with Rowan successfully defending a second application to set aside judgment in the long-running landlord and tenant case. Judge Smart commented that the first application would certainly have succeeded under CPR 13.2, for ineffective service; however, the defendant had failed to attend her own application, and the prospects of successfully defeating the original claim were low.

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 [2011] EWCA Civ 1720, and Mullock v Price [2009] 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.