Set Aside Judgment in UK Law

Leading Cases
  • Godwin v Swindon Borough Council
    • Court of Appeal (Civil Division)
    • 10 October 2001

    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.

  • Evans v Bartlam
    • House of Lords
    • 30 April 1937

    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
    • House of Lords
    • 19 May 1994

    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
    • Court of Appeal (Civil Division)
    • 01 July 1986

    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.

  • Stuart John Gentry (Claimant/Appellant) v Lee Miller (1st Defendant) Uk Insurance Ltd (2nd Defendant/Respondent)
    • Court of Appeal (Civil Division)
    • 09 March 2016

    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.

  • Jonesco v Beard
    • House of Lords
    • 13 February 1930

    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.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000

    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.

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Legislation
  • Foreign Judgments (Reciprocal Enforcement) Act 1933
    • UK Non-devolved
    • January 01, 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
    • UK Non-devolved
    • January 01, 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
    • UK Non-devolved
    • January 01, 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
    • UK Non-devolved
    • January 01, 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 ... ...
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Books & Journal Articles
  • Appeals and Applications to Set Aside Judgment
    • Part 3. Hearings
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 235-248
  • Civil Procedure Rules, Part 27
    • Appendices
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 301-308
    ... ... 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
    • No. , February 2015
    • African Journal of International and Comparative Law
    • 129-143
    ... ... 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
    • Preliminary Sections
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 1-18
    ... ... 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 ... ...
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Law Firm Commentaries
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Forms
  • Certificate for enforcement in a foreign country
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Courts & Tribunals Service court and tribunal forms
    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
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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