Applications to Set Aside a Judgment - Key Issues for Claimants & Defendants

Introduction

For claimants, achieving a judgment does not always bring litigation finality. In certain situations, the defendant is able to make an application to set it aside.

The triggers for setting aside a judgment are varied.

The best known is where a judgment is entered in default of a defendant filing either an acknowledgment of service or a defence. The ‘real prospect of successfully defending’ test under CPR 13.3 for this type of judgment to be voided is well known and now elided with relief from sanctions applications under CPR 3.9.

What You Will Learn

This webinar will cover the following:

• Claimants - resisting allowing defendants a ‘second bite at the cherry’
• Defendants - can you overturn an order giving judgment when you did not appear at trial? (Mabrouk)
• Defendants - establishing that the order was procured by fraud operative at trial, focusing on the need for and admission of new evidence (Takhar)
• Claimants - which assumption was not confirmed by the Court of Appeal in Park two years later?
• Claimants and Defendants - the consequences of a counter-claiming defendant making allegations that the judgment followed fraud in the claimants unlawfully obtaining his confidential emails (Ras Al Khaimah).
• Good reason and promptness in applying - as Mabrouk v Murray in the Court of Appeal

This webinar was recorded on 17th April 2023