Hello

[TURTLEOHARE]

Hi I am here because I have a simple legal question that I have not been able to get a straight answer for.

Does anyone know if a second set aside application has ever been heard? Successfully?

[Amethyst]

If it's on the same grounds as the first then it is unlikely to be allowed and would need the first ruling to be appealed. I haven't heard of any second attempts at set aside being heard, successfully or not.

pt2537 Joanna C

[TURTLEOHARE]

There are a couple of posts on this site from a Claimant with a second set aside hearing against the claim. I searched second set aside and found a couple of examples here.

Legally is it permitted to apply for a second set aside if there was a default judgement and you could not attend the first application hearing due to adverse weather?

I am just looking to find out as I have not had the opportunity to defend the claim.

[TURTLEOHARE]

Also a position here where a defendant was given a final opportunity to have their say.

[pt2537]

Hi I am here because I have a simple legal question that I have not been able to get a straight answer for.

Does anyone know if a second set aside application has ever been heard? Successfully?

I agree in principal on the appeal point, but there have been cases where the Judge has agreed to set aside judgment if for example more evidence has come to light than what was available at the first hearing.

It really does depend on the judge, but equally if the opponents have good lawyers and they attend the hearing then you could lose on the basis that the matter has been decided already etc. Its difficult to say how it would go

have you invited the opponents to consent to the judgment being set aside?

[Joanna C]

Under CPR 52 you can appeal an order whether you were present at or absent from the hearing at which the order was made. In the event that you were not present (as in this case) there is the alternative remedy available under CPR 39.3(5) which is to make application to set aside the Order made at the trial hearing that you missed as long as you can meet the following criteria :-

a) you acted promptly when you found out that the court had exercised its power to enter judgment against you;

(b) had a good reason for not attending the hearing; and

(c) have a reasonable prospect of success at the hearing.

all three pre-conditions listed above have to be satisfied.

[Joanna C]

Under CPR 52 you can appeal an order whether you were present at or absent from the hearing at which the order was made. In the event that you were not present (as in this case) there is the alternative remedy available under CPR 39.3(5) which is to make application to set aside the Order made at the trial hearing that you missed as long as you can meet the following criteria :-

a) you acted promptly when you found out that the court had exercised its power to enter judgment against you;

(b) had a good reason for not attending the hearing; and

(c) have a reasonable prospect of success at the hearing.

all three pre-conditions listed above have to be satisfied.

In essence you are asking the court to set aside the order made at the hearing, not the original judgment , in effect it means having the hearing to set aside the Judgment relisted so you can attend and put your case. As your non attendance was due to adverse weather conditions I would suggest you obtain a Met office report to support your application.