High Court ruling “shows strength of Manolete model” – Litigation Futures

‘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.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Narrow escape for defendants who failed to notice particulars of claim – Litigation Futures

‘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.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

Supreme Court allows ‘reasonable diligence’ appeal in fraud claim – Law Society’s Gazette

Posted March 21st, 2019 in appeals, fraud, news, setting aside, Supreme Court by tracey

‘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.’

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Law Society's Gazette, 20th March 2019

Source: www.lawgazette.co.uk

The courts’ jurisdiction to vary capital orders – Family Law

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

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Family Law, 20th April 2018

Source: www.familylaw.co.uk

Step-parent adoption order set aside where court misled – Halsbury’s Law Exchange

Posted March 23rd, 2018 in adoption, misrepresentation, news, setting aside by tracey

‘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.’

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Halsbury’s Law Exchange, 22nd March 2018

Source: blogs.lexisnexis.co.uk

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act” – Litigation Futures

Posted February 15th, 2018 in appeals, costs, evidence, judges, mental health, news, setting aside by sally

‘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.’

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Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

Dangers of using email to serve arbitration (or adjudication) notices – Practical Law: Construction Blog

Posted January 12th, 2018 in arbitration, electronic mail, news, service, setting aside by tracey

‘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.’

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Practical Law: Construction Blog, 9th January 2018

Source: constructionblog.practicallaw.com

Upper Tribunal judge refuses to set aside flawed SEN school ruling – Local Government Lawyer

Posted December 14th, 2017 in costs, education, local government, news, setting aside, special educational needs by sally

‘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.’

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Local Government Lawyer, 13th December 2017

Source: www.localgovernmentlawyer.co.uk

Court underlines importance of full disclosure in freezing injunction cases – OUT-LAW.com

Posted November 28th, 2017 in disclosure, fraud, freezing injunctions, news, setting aside by sally

‘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.’

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OUT-LAW.com, 27th November 2017

Source: www.out-law.com

Court throws out arbitration award over email error – Law Society’s Gazette

Posted November 22nd, 2017 in arbitration, documents, electronic mail, news, service, setting aside by sally

‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

Teacher who filmed up schoolgirls’ skirts will not face prosecution as judge rules it’s not illegal – The Independent

‘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.’

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The Independent, 7th November 2017

Source: www.independent.co.uk

Fraud – No Free Pass For Getting Judgment Set Aside – Zenith PI Blog

Posted June 20th, 2017 in appeals, forgery, fraud, news, setting aside by sally

‘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.’

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Zenith PI Blog, 19th June 2017

Source: zenithpi.wordpress.com

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘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).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

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Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

Mortgage Express V. Lambert – Radcliffe Chambers

Posted August 23rd, 2016 in debts, housing, internet, misrepresentation, mortgages, news, setting aside by sally

‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’

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Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

Saving the bank’s security after it is too late… – Tanfield Chambers

Posted April 26th, 2016 in banking, forfeiture, landlord & tenant, leases, news, setting aside by sally

‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’

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Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

Van der Merwe v Goldman and another – WLR Daily

Posted April 20th, 2016 in contracts, law reports, mistake, rescission, setting aside by sally

Van der Merwe v Goldman and another [2016] EWHC 790 (Ch)

‘The claimant and the first defendant were husband and wife and the joint freehold owners of a house, where they lived. On 24 March the claimant and the first defendant executed a transfer of the title to the house to the claimant alone, for no stated consideration. On 27 March the claimant executed a deed of settlement whereby he settled the house on the terms of that deed and appointed himself and the first defendant as trustees of the settlement. The claimant also executed a transfer of the title to the house to himself and the first defendant as the trustees of the settlement. The principal beneficiaries of the settlement were the claimant, the first defendant, their children and remoter issue. Although the transactions were entered into in order to obtain certain tax advantages, in fact, as a consequence of a change in the law, they gave rise to a substantial tax liability. The claimant and first defendant brought a claim for an order setting aside the transfer of 24 March and the settlement and transfer of 27 March. In issue in the proceedings, to which the revenue was joined as a second defendant, was whether the transactions were governed by common law rules for declaring a contract to be void by reason of mistake or the equitable rules for setting aside a gift for mistake.’

WLR Daily, 11th April 2016

Source: www.iclr.co.uk

Gentry v Miller and another – WLR Daily

Posted March 15th, 2016 in appeals, civil procedure rules, law reports, setting aside by sally

Gentry v Miller and another [2016] EWCA Civ 141

‘When dealing with an application under CPR r 13.3 to set aside a judgment in default of acknowledgement of service entered under CPR Pt 12 or an application under CPR r 39.3(5) to set aside a judgment given where a party did not attend the trial, the court should first establish whether the express requirements of rule 13.3 or rule 39.3(5) were satisfied and, if so, apply the three-stage test laid down for the exercise of the discretion under rule 3.9 to grant relief from sanctions. The first stage of the test, as to whether there was a serious or significant breach, applies to the applicant’s default in failing to acknowledge service or to attend trial, not to any subsequent delay in applying to set the judgment aside (paras 23–25).’

WLR Daily, 9th March 2016

Source: www.iclr.co.uk

Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk