Rule 27.5 Application to set aside judgment or order following failure to attend

(1)

Where a party does not attend a hearing or directions appointment and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside^(GL).

(2)

An application under paragraph (1) must be supported by evidence.

(3)

Where an application is made under paragraph (1), the court may grant the application only if the applicant—

(a)

acted promptly on finding out that the court had exercised its power to enter judgment or make an order against the applicant;

(b)

had a good reason for not attending the hearing or directions appointment; and

(c)

has a reasonable prospect of success at the hearing or directions appointment.

F1(4)

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Annotations

Textual amendments

F1: Rule 27.5(4) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 71 (with rule 137); S.I. 2014/954, art. 2