London EC4A 1HD
B e f o r e :
|WUXI SUNTECH POWER COMPANY LIMITED||Claimant|
|- and -|
|TITTMANN SOLAR GmbH||Defendant|
Official Shorthand Writers and Tape Transcribers
Quality House, Quality Court, Chancery Lane, London WC2A 1HP
Tel: 020 7831 5627 Fax: 020 7831 7737
MR. F. HOBSON (instructed by Withers) appeared on behalf of the Defendant.
Crown Copyright ©
(1) … the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim..."
Then, in 13.3(2), the rules provide:
"In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)."
"Promptness will always be a factor of considerable significance and, if there has been a marked failure to make the application promptly, a court may well be justified in refusing relief notwithstanding the possibility that the defendant may well succeed at trial."
"When the court makes an order, it may -
(a) Make it subject to conditions, including a condition to pay a sum of money into court; and
(b) specify the consequence of failure to comply with the order or condition."