i-law

Litigation Letter

Setting aside default judgment

Hussain v Birmingham City Council CA SJ 9 December

The claimant was a child who had been injured falling from a window on school premises. He brought proceedings against the local authority and his teacher and subsequently joined the school governors. No defence was filed by the school governors and judgment in default was entered against them. The judge refused the application of the governors to set aside the judgment on the ground that they had not acted promptly.

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