‘This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, “Ma v Roux: Can You Strike Out a Set Aside Application?” (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a financial remedy order. ‘
Financial Remedies Journal, 8th January 2025
Source: financialremediesjournal.com
‘It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits and it cannot therefore be dealt with summarily on the basis that it has no real prospect of success.’
Financial remedies Journal, 25th September 2024
Source: financialremediesjournal.com
‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’
Local Government Lawyer, 9th July 2024
Source: www.localgovernmentlawyer.co.uk
‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’
Tanfield Chambers, 13th February 2024
Source: www.tanfieldchambers.co.uk
‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.co.uk
‘A High Court judge has set aside an order he made to enforce a £74m arbitration award after discovering that both the arbitration agreement and ruling were fabricated.’
Legal Futures, 1st March 2024
Source: www.legalfutures.co.uk
‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’
OUT-LAW.com, 25th September 2023
Source: www.pinsentmasons.com
‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’
Local Government Lawyer, 8th September 2023
Source: www.localgovernmentlawyer.co.uk
‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’
Ropewalk Chambers, 28th July 2023
Source: ropewalk.co.uk
‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’
Gatehouse Chambers, 31st July 2023
Source: gatehouselaw.co.uk
‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’
Gatehouse Chambers, 25th July 2023
Source: gatehouselaw.co.uk
‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’
Local Government Lawyer, 18th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The High Court has dismissed an application to set aside a sanctions designation issued by the Secretary of State for Foreign, Commonwealth and Development Affairs. This was the first challenge to be brought under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”).’
Blackstone Chambers, 15th March 2023
Source: www.blackstonechambers.com
‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’
Local Government Lawyer, 31st March 2023
Source: www.localgovernmentlawyer.co.uk
‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’
Family Law, 27th May 2022
Source: www.familylaw.co.uk
‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’
Family Law, 28th April 2022
Source: www.familylaw.co.uk
‘The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can be challenged.’
Pallant Chambers, 22nd July 2020
Source: www.pallantchambers.co.uk
‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’
Becket Chambers, 25th March 2020
Source: becket-chambers.co.uk
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