High Court confirms that Denton principles apply where a party fails to attend trial

June 19, 2020

The applicant was seeking to set aside two judgments six years after the event. In considering the applicability of relief from sanction principles to the CPR tests for setting aside judgments under CPR 23.11 and 39.3, the court concluded that the Court of Appeal’s judgments in Bank of Scotland v Pereira [2011] EWCA Civ 241 and Gentry v Miller [2016] EWCA Civ 141 were reconcilable and that the CPR tests had to be overlaid with Denton principles.

Tiran Nersessian successfully represented the Defendant. A copy of the judgment can be found here.