Fernandes V Kenny & Others [2012] EWCA Civ 910; [2012] All ER (D) 242 (Oct)

01 Jan 2018


Dean Underwood represented Mr Fernandes in his second appeal against a decision not to set aside an order requiring him to pay former tenants three times the value of their tenancy deposit. The appeal was, remarkably, the first to be decided under CPR 27.11 and considered in detail the principal authorities concerning the court’s discretion to set aside orders made in the absence of a party and the proper approach when considering whether the absentee party had a good reason for not attending court.