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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) (21 October 2021) URL: http://www.bailii.org/ew/cases/EWHC/QB/2021/2823.html Cite as: [2021] EWHC 2823 (QB) |
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County Court Ref: F14YY593 |
QUEEN'S BENCH DIVISION
HIGH COURT APPEAL CENTRE MANCHESTER
Manchester M60 9DJ |
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B e f o r e :
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MR UMAR ALTAF MR ZEESHAN AURANGZEB MR FAIZAN AURANGZEB |
Appellants |
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-and- |
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CLOSE BROTHERS LTD |
Respondent |
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The Respondent did not appear and was not represented
Hearing date: 21.10.21
Judgment as delivered in open court at the hearing
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Crown Copyright ©
MR JUSTICE FORDHAM :
Introduction
The hearing before the Judge
The order is made unless an application to set aside would be the right course. Hopefully, that would be unnecessary because, as Your Honour has decided, the liability is rather lower than that sought and it may be that the order made is acceptable to the defendants.
The Second Appellant then asked the Judge whether it was "too late to submit my argument statement". The Judge said this:
Yes, too late, I have done it. The court staff tried to tannoy you for half an hour. You did not reply and so I have dealt with the case. There is a judgment against all 3 defendants for £9,370.17, plus the interest of £1,047.40, and you have to pay the claimant's costs of bringing the claim, which I have allowed at £4,685. That is the judgment. If you want to try to change that, then what you will have to do is make an application to try and set aside my order on the basis that you are not here when I dealt with the trial.
But, to do that, you have got to persuade somebody, first of all, that you had a good reason for not being here when I started the trial and, secondly, that you would have had real prospects of succeeding in the case if you had been here when I started the trial. If you want to do that, then you and your other defendants need to make an application with a form from the court office to do it. It may be that you decide the thing to do is to speak to the claimants about the figures that in the end they won, because it is quite a lot less than they were wanting originally from the three of you. But you will need to go away and think about that.
The application to set aside judgment
The application to this Court for permission to appeal
Discussion 1: The challenge to the Judge's decision
Discussion 2: The challenge to the District Judge's decision
21.10.21