Category: setting aside

Pensions Ombudsman v EMC Europe Ltd and others – WLR Daily

Posted December 20th, 2012 in compromise, jurisdiction, law reports, ombudsmen, pensions, setting aside, third parties, trusts by tracey

Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382

“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Judge asks for help finding missing children abducted by mother – The Guardian

Posted October 18th, 2012 in child abduction, news, residence orders, setting aside by sally

“A nationwide search has been launched for four missing children after a high court judge said that they had been abducted by their mother.”

Full story

The Guardian, 16th October 2012

Source: www.guardian.co.uk

Children: Private Law Update – Family Law Week

Posted September 5th, 2012 in children, costs, domestic violence, grandparents, news, parental responsibility, setting aside, surrogacy by sally

“Alex Verdan QC of 4 Paper Buildings considers those judgments of the last few months which are of most importance in the area of private law children proceedings.”

Full story

Family Law Week, 5th September 2012

Source: www.familylawweek.com

Theresa May rebuked over illegally deported asylum seeker – The Guardian

Posted May 1st, 2012 in asylum, deportation, news, setting aside by sally

“The home secretary is under fire for failing to comply with a high court order to bring an asylum seeker who is in hiding in Azerbaijan back to Britain.”

Full story

The Guardian, 30th April 2012

Source: www.guardian.co.uk

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“ – WLR Daily

Posted April 27th, 2012 in assignment, conflict of laws, EC law, insolvency, jurisdiction, law reports, setting aside by tracey

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10);  [2012] WLR (D)  123

“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Can UK courts pass judgment on due process in other Convention countries? – UK Human Rights Blog

Posted March 6th, 2012 in default judgments, EC law, news, setting aside, treaties by sally

“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”

Full story

UK Human Rights Blog, 5th March 2012

Source: www.ukhumanrightsblog.com

Bank of Scotland v Pereira and others – WLR Daily

Posted March 11th, 2011 in appeals, civil procedure rules, default judgments, law reports, setting aside, time limits by sally
“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Noble v Owens – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pitt and another v Holt and another – WLR Daily

Posted January 20th, 2010 in Court of Protection, law reports, mental health, receivers, setting aside by sally

Pitt and another v Holt and another [2010] WLR (D) 2

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”

WLR daily, 19th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Raja v Van Hoogstraten (No 9) – Times Law Reports

Posted February 4th, 2009 in civil procedure rules, law reports, sequestration, setting aside by sally

Raja v Van Hoogstraten (No 9)

Court of Appeal

“Since the introduction of the Civil Procedure Rules, applications for the setting aside of orders made without notice were governed by rule 23.10, and determined by the court exercising the discretion given by that rule in accordance with the overriding objective to do justice.”

The Times, 4th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ansari v Ansari – Times Law Reports

Posted January 16th, 2009 in financial provision, law reports, matrimonial home, setting aside, third parties by sally

Ansari v Ansari

Court of Appeal

“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”

The Times, 16th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ansari v Ansari (Bank of Scotland plc intervening) – WLR Daily

Posted January 6th, 2009 in financial provision, law reports, matrimonial home, setting aside, third parties by sally

Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413

“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”

WLR Daily, 5th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Raja v. Van Hoogstraten (No 9) – Times Law Reports

Posted August 23rd, 2007 in law reports, sequestration, setting aside by sally

Prejudiced party can make claim

Raja v Van Hoogstraten (No 9)

Chancery Division

“Where the court had set aside an irregularly made order, but on grounds other than that the order had been irregularly obtained, it was open to a party prejudiced by the making of the order to claim, at a later stage, that the order had been irregularly obtained.”

The Times, 23rd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.