‘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
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘A person who applies to set aside a judgment on the basis of fraud does not have to demonstrate that the fraud could not have been spotted with reasonable diligence, the Supreme Court has ruled. The judgment in Takhar v Gracefield Developments Limited and others seeks to resolve a ‘bare-knuckle’ conflict between two long-standing principles of public law: that fraud unravels all and that there must come an end to litigation.’
Law Society's Gazette, 20th March 2019
Source: www.lawgazette.co.uk
‘Family analysis: A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.’
Halsbury’s Law Exchange, 22nd March 2018
Source: blogs.lexisnexis.co.uk
‘A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal.’
Litigation Futures, 15th February 2018
Source: www.litigationfutures.com
‘This week I’m discussing Glencore Agriculture BV v Conqueror Holdings Ltd, which is a case arising out of a voyage charterparty for the transportation of corn from the Ukraine to Egypt.’
Practical Law: Construction Blog, 9th January 2018
‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
‘The English High Court has thrown out an application to set aside a without notice freezing injunction made against two defendants to a fraud action, saying the claimants had disclosed sufficient evidence for the case to proceed.’
OUT-LAW.com, 27th November 2017
Source: www.out-law.com
‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
‘An assistant headteacher who used his mobile phone to film up schoolgirls’ skirts will not face prosecution after a judge ruled his actions were not illegal.’
The Independent, 7th November 2017
Source: www.independent.co.uk
‘In applying for judgment to be set aside on the basis of fraud, a party must establish that the evidence of fraud was not available at the time of the trial and could not have been discovered with reasonable diligence.’
Zenith PI Blog, 19th June 2017
Source: zenithpi.wordpress.com
‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
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