setting aside – Page 3 – Current Awareness

The case of a Judge, a barrister, some bad weather and the right to that fundamental thing: A FAIR HEARING – The World of Family Law (Garden Court Chambers)

Posted August 28th, 2015 in appeals, contact orders, judges, news, setting aside by sally

‘In case you some how managed to miss it Re G is worth a revisit for all of those who know and recognise that need for a fair hearing before a fair tribunal. And of course for all of those who have seen in action just what unfairness can look like. Be bold , Re G, the idea of justice and those Court of Appeal Judges are there to help.’

The World of Family Law (Garden Court Chambers). 27th August 2015

Source: www.gcfamily.wordpress.com

Setting Aside Notices of Discontinuance and QOCS – Kite v The Phoenix Pub Group – Zenith PI Blog

Posted July 30th, 2015 in adjournment, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and occupied by a different company. The Defendant was asserting that it was not the correct company to pursue.’

Zenith PI Blog, 27th July 2015

Source: www.zenithpi.wordpress.com

Challenging fraudulent judgments – Radcliffe Chambers

Posted July 28th, 2015 in evidence, expert witnesses, forgery, fraud, news, setting aside by sally

‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘

Radcliffe Chambers, 15th June 2015

Source: www.radcliffechambers.com

Setting Aside Notices of Discontinuance and QOCS: Kite v The Phoenix Pub Group – Zenith Chambers

Posted July 28th, 2015 in adjournment, costs, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates anumber of pubs it alleged that at the time of the accident the pub was owned, operated and occupiedby a different company. The Defendant was asserting that it was not the correct company to pursue.’

Zenith Chambers, 27th July 2015

Source: www.zenithchambers.co.uk

Takhar v Gracefield Developments Ltd – WLR Daily

Posted May 21st, 2015 in evidence, fraud, judgments, law reports, setting aside by sally

Takhar v Gracefield Developments Ltd [2015] EWHC 1276 (Ch); [2015] WLR (D) 206

‘A judgment could be set aside for fraud even if the new evidence could reasonably have been obtained for the original trial.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Priestley v Dunbar and Co – Zenith PI

Posted May 13th, 2015 in appeals, delay, negligence, news, setting aside by tracey

‘Denton and Delay: to what extent should delay impact upon an application to set aside judgment?’

Zenith PI, 13th May 2015

Source: www.zenithpi.wordpress.com

Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

Abdelmamoud v The Egyptian Association in Great Britain Ltd and others – WLR Daily

Posted April 30th, 2015 in civil procedure rules, law reports, setting aside by sally

Abdelmamoud v The Egyptian Association in Great Britain Ltd and others [2015] EWHC 1013 (Ch); [2015] WLR (D) 175

‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

Judge quashes ‘generous interpretation’ of Mitchell – Law Society’s Gazette

Posted December 9th, 2014 in documents, news, sanctions, setting aside by sally

‘The High Court has overturned a judgment that granted leniency to a defendant who missed two deadlines for filing a document in a civil case.’

Law Society’s Gazette, 8th December 2014

Source: www.lawgazette.co.uk

The “extraordinary” tale of the lawyer who faked his client’s litigation – Legal Futures

Posted November 20th, 2014 in documents, fraud, news, setting aside, solicitors by tracey

‘The High Court has set aside an order made against a litigant after it emerged that his solicitor had duped him by conducting “fictitious” litigation that included faked judgments and telephone conferences involving the impersonation of his senior partner and of leading counsel.’

Legal Futures, 20th November 2014

Source: www.legalfutures.co.uk

Letting in a chink of light to closed material cases : Bank Mellat again – UK Human Rights Blog

Posted November 6th, 2014 in banking, closed material, disclosure, human rights, news, setting aside by sally

‘Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of information in its fight to discharge a financial restriction order against it.’

UK Human Rights Blog, 5th November 2014

Source: www.ukhumanrightsblog.com

Companies should not wait to apply to set aside default judgments, says expert, after court makes clear ‘Mitchell’ principles apply – OUT-LAW.com

Posted October 23rd, 2014 in appeals, civil procedure rules, default judgments, delay, news, setting aside by sally

‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’

OUT-LAW.com, 22nd October 2014

Source: www.out-law.com

‘Arrogant’ barrister has contempt finding set aside – Law Society’s Gazette

Posted July 24th, 2014 in barristers, case management, contempt of court, disciplinary procedures, news, professional conduct, setting aside by sally

‘A barrister accused of ‘breathtaking arrogance’ has had a contempt finding against him set aside, but been referred to the bar’s regulator.’

Law Society’s Gazette, 23rd July 2014

Source: www.lawgazette.co.uk

Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

Gohil v Gohil (No 2) – WLR Daily

Posted March 17th, 2014 in consent orders, disclosure, evidence, family courts, financial provision, jurisdiction, law reports, setting aside by tracey

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D) 126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Some limitations on setting aside vulnerable mortgage transactions – 11 Stone Buildings

Posted January 22nd, 2014 in limitations, mortgages, news, setting aside, undue influence by sally

‘The landmark decision of the House of Lords Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773
described the circumstances which render a lending transaction by a bank vulnerable to a challenge for undue influence and provided guidance to bankers as to which steps they would need to take in order to protect their lending, and any security to be taken, from challenge. Several cases decided since Etridgehave demonstrated the breadth of the scope for challenge where bankers have failed to follow the guidance, while others have highlighted some constraints on effective challenges based upon undue influence. Jeremy Cousins QC discussed this topic at a recent lecture of the Chancery Bar Association and shares his thought in this detailed ‘Insider’.’

11 Stone Buildings, January 2014

Source: www.11sb.com

Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

Posted November 25th, 2013 in immigration, judicial review, ministers' powers and duties, news, setting aside by tracey

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.com

Scuppering unscrupulous spouses – New Law Journal

Posted June 10th, 2013 in divorce, equity, family courts, financial provision, news, setting aside by sally

“What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report.”

New Law Journal, 7th June 2013

Source: www.newlawjournal.co.uk

Shurely shome mishtake? – 4 New Square

Posted May 21st, 2013 in mistake, news, setting aside, Supreme Court, taxation, trusts by sally

“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”

Full story (PDF)

4 New Square, 17th May 2013

Source: www.4newsquare.com

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