Falmouth House Ltd v Abou-Hamdan

Judgment – Default of appearance. The Chancery Division allowed the appeal of the defendant, AH, against an order striking out of his claim after he had failed to physically attend a court hearing, as required by an order of the court. Although, on its true construction, the order had required AH's physical presence in court, in circumstances where AH had been represented by counsel and had not been intending to give evidence, the parties had been in exactly the same situation that they would have been if he had been physically present.

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