SBG Litigation success in the Court of Appeal clarifies an important point of principle.
Our client was unable to attend the trial of her case in Bradford. This was as a result of ill health. She had obtained letters from her doctor explaining her condition. However, the judge decided that the medical evidence presented on her behalf was not sufficient to justify adjourning the case. Consequently, he proceeded with the case in her absence. As a result, she was unable to present her case to the Court. The Court gave judgment against her and ordered her to pay over £28,000.
SBG successfully applied to the Court to set aside the judgment entered against her. Our opponents appealed. A more senior judge in Bradford decided that the original judgment must stand.
SBG appealed to the Court of Appeal. The Appeal Court decided to hear the appeal even though it was a second appeal. This was because it clarified an important legal principle. This was to do with how much discretion the judge considering the application to set aside judgement has. Due to Covid 19 restrictions, the Court of Appeal heard the appeal remotely. With barrister Adam Willoughby of Broadway House Chambers, Adrian Green of Stachiw Bashir Green attended the appeal hearing by video link. The Court of Appeal confirmed that the judge dealing with an application to set judgment aside has an unfettered discretion to decide whether or not that party had a good reason not to attend the trial. As a result, our client succeeded in her appeal.
Adrian Green, head of SBG Litigation commented: this latest SBG Litigation success in the Court of Appeal is the right result. It means that fairness has prevailed and our client will now get her day in Court. Understandably, she is relieved and pleased by the outcome of the Appeal.