Set Aside Judgment in UK Law
-
Evans v Bartlam
“
One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.
-
Owens Bank Ltd v Fulvio Bracco and Another ; Case C-129/92
“
But it is submitted for the bank that the language of section 9(2)( d) must be construed as qualified by the common law rule that the unsuccessful party who has been sued to judgment is not permitted to challenge that judgment on the ground that it was obtained by fraud unless he is able to prove that fraud by fresh evidence which was not available to him and could not have been discovered with reasonable diligence before the judgment was delivered.
-
Alpine Bulk Transport Company Inc. v Saudi Eagle Shipping Company Ltd
“
In our opinion, therefore, to arrive at a reasoned assessment of the justice of the case the court must form a provisional view of the probable outcome if the judgment were to be set aside and the defence developed. The "arguable" defence must carry some degree of conviction.
-
Jonesco v Beard
“
It has long been the settled practice of the Court that the proper method of impeaching a completed judgment on the ground of fraud is by action in which, as in any other action based on fraud, the particulars of the fraud must be exactly given and the allegation established by the strict proof such a charge requires.
-
Stuart John Gentry (Claimant/Appellant) v Lee Miller (1st Defendant) Uk Insurance Ltd (2nd Defendant/Respondent)
“
The first questions that arise, however, in dealing with an application to set aside a judgment under CPR Part 13.3 are the express requirements of that rule, namely whether the defendant has a real prospect of successfully defending the claim or whether there is some other reason why the judgment should be set aside, taking into account whether the person seeking to set aside the judgment made an application to do so promptly.
-
Godwin v Swindon Borough Council
“
In any other case, the court has a discretion under rule 13.3(1) to set the judgment aside or vary it. That is the obverse of the relevant part of rule 24.2 and may apply whenever the defendant received the claim form and particulars of claim.
-
Johnson v Gore Wood & Company (A Firm)
“
That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.
-
Foreign Judgments (Reciprocal Enforcement) Act 1933
... ... Part of this Act ... (2) Any judgment of a superior court of a foreign ... country to which this Part of this ... to the setting aside of registration— ... ) a registered judgment shall, for the purposes ... ...
-
Civil Procedure Rules 1998
... ... ” is to be interpreted in accordance with rule 16.3;“summary judgment” is to be interpreted in accordance with Part 24 ... (2) A reference ... caseRule 3.4Judgment without trial after striking outRule 3.5Setting aside judgment entered after striking outRule 3.6Sanctions for non-payment of ... ...
-
Common Law Procedure Act 1854
... ... the Opinion of the Court, and when an Action is referred, Judgment, if so ordered, may be entered ... according to the Opinion of the Court ... of Witnesses, the Production of Documents, enforcing or setting aside the Award, and otherwise, as upon a Reference made by Consent under a Rule ... ...
-
State Immunity Act 1978
... ... (4) No judgment in default of appearance shall be given against a State except on proof ... of that State and any time for applying to have the judgment set aside (whether prescribed by rules of court or otherwise) shall begin to run two ... ...
- Appeals and Applications to Set Aside Judgment
-
Civil Procedure Rules, Part 27
... ... hearing Rule 27.9 Disposal without a hearing Rule 27.10 Setting judgment aside and re-hearing Rule 27.11 [Rules 27.12 and 27.13 are revoked] ... ...
-
The Enforcement of Foreign Judgments in Nigeria: Scope and Conflict of Laws Questions
... ... Agbede, Themes on Conflicts of Law , Shaneson (1989). Thus a judgment (inclusive of a commercial arbitral award), pronounced by the court of one ... Aside from the local statutes, 1958 Ordinance and the 2004 Act, the New York ... ...
-
Preliminary Sections
... ... Responding to the Claim (Including Obtaining Judgment in Default or on an Admission) 53 3.1 Introduction 53 3.2 Time for ... Precedent Y: Application to set aside 146 Precedent Z: List of complaints 147 6.8 Interest 148 6.8.1 Interest ... ...
-
Use of Denton on an Application to Set Aside Default Judgment in the TCC
In Tideland Ltd v Westminster City Council [2015[ EWHC 2710 (TCC) (a judgment dated July 2015 but only just published), the TCC made a decision to set aside default judgment regarding a £7m claim ....
- Dispute Resolution Guides: Strike Out Orders, Summary Judgment, And How To Set Aside A Default Judgment
- Owners Fail To Set Aside Summary Judgment Against Them In Respect Of Costs Of Additional Damages Proceedings In Greece
- When Should A Judgment Be Set Aside For Fraud?
-
Certificate for enforcement in a foreign country
County Court forms including the N1 money claim form.... ... That the [party] obtained judgment against the [party] in the [name of court] for [payment of ... That [no application to set aside the judgment has been made] or [an application to set aside the judgment ... ...
-
Application for European Enforcement Order Certificate (Judgment by agreement/admission/settlement)
County Court forms including the N1 money claim form.... ... I am duly authorised to make the application ... About the judgment ... The judgment has not been stayed, varied or set aside ... The judgment includes an enforceable decision on the amount of costs related to the court proceedings ... and the judgment debtor has not ... ...
-
Notice of Judgment or Order to non-parties
Chancery forms, including claim forms and applications for orders.... ... (a) within 28 days after service of this notice apply to the Court to set aside or vary the [judgment][order] and ... (b) take part in any proceedings relating to [the judgment] [this order] ... (4) If you do not ... ...
-
Application for European Enforcement Certificate (Judgment in default of a defence or objection)
County Court forms including the N1 money claim form.... ... About the judgment ... The judgment has not been stayed, varied or set aside ... The judgment includes an enforceable decision on the amount of costs related to the court proceedings ... and the judgment debtor has not ... ...