setting aside – Current Awareness

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

Posted March 6th, 2024 in chambers articles, covenants, licensed premises, local government, news, setting aside by sally

‘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

£70m arbitration award set aside after High Court judge finds agreement is a ‘fabrication’ – Law Society’s Gazette

Posted March 4th, 2024 in arbitration, enforcement, foreign jurisdictions, fraud, judgments, news, setting aside by tracey

‘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

Judge says he was misled by “fabricated” £74m arbitration ruling – Legal Futures

Posted March 1st, 2024 in arbitration, fraud, news, setting aside by sally

‘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

Judge refuses to intervene over barrister who swapped sides – Legal Futures

Posted January 3rd, 2024 in barristers, compensation, conflict of interest, default judgments, news, setting aside by sally

‘The High Court has refused to intervene in a dispute over the counsel for a claimant having previously been on the record for the defendants.’

Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘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

Denton and applications to set aside default judgments – Local Government Lawyer

Posted September 8th, 2023 in appeals, civil procedure rules, default judgments, local government, news, setting aside by tracey

‘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

‘Game, Set-Aside and Match’: Applications To Set Aside Default Judgment and the Decision in FXF v English Karate Federation Ltd – Ropewalk Chambers

Posted August 17th, 2023 in chambers articles, default judgments, news, personal injuries, sanctions, setting aside by sally

‘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

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘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

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

Posted August 1st, 2023 in chambers articles, company directors, constructive dismissal, fraud, news, setting aside by sally

‘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

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

Posted July 19th, 2023 in appeals, care orders, child abuse, children, families, family courts, local government, news, setting aside by tracey

‘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

LLC Synesis v Secretary of State for Foreign, Commonwealth and Development Affairs – Blackstone Chambers

Posted April 11th, 2023 in chambers articles, money laundering, news, sanctions, setting aside by sally

‘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

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

Posted April 4th, 2023 in asbestos, cancer, default judgments, delay, local government, news, personal injuries, setting aside by sally

‘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

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted June 6th, 2022 in brexit, divorce, documents, families, family courts, forgery, news, setting aside by tracey

‘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

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

Posted May 6th, 2022 in accidents, appeals, damages, employment, expert witnesses, news, noise, personal injuries, setting aside, telecommunications by tracey

‘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

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted April 29th, 2022 in divorce, families, family courts, forgery, married persons, news, service, setting aside by tracey

‘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

Grounds for Setting Aside a Will: Undue Influence – Pallant Chambers

Posted July 30th, 2020 in news, setting aside, undue influence, wills by sally

‘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

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

Posted March 31st, 2020 in chambers articles, civil procedure rules, default judgments, delay, news, setting aside by sally

‘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

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

Posted December 6th, 2019 in assignment, champerty, default judgments, news, setting aside, tax evasion, taxation, third parties, VAT by sally

‘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

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

Posted September 12th, 2019 in civil procedure rules, default judgments, electronic mail, news, service, setting aside, solicitors by tracey

‘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

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.’

Law Society's Gazette, 20th March 2019

Source: www.lawgazette.co.uk

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