Judgments and orders—setting aside
Judgments and orders—setting aside

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Judgments and orders—setting aside
  • The need carefully to review all draft judgments and orders of the court
  • Available options once a judgment or order has been handed down or perfected
  • Appealing a judgment or order
  • Setting aside a judgment or order
  • Setting aside on the grounds of material non-disclosure when obtaining the judgment or order
  • Setting aside a judgment or order on the grounds it was obtained by fraud
  • Admissibility of fresh evidence
  • Materiality of the fresh evidence
  • Power of the County Court to set aside judgments obtained by fraud
  • More...

Judgments and orders—setting aside

This Practice Note considers what action may be taken on receipt of a judgment, including when you can apply to correct a judgment, revoke it, appeal it or apply to have it set aside on the grounds the judgment was obtained by fraud. For general guidance on what happens after a judgment or order has been made, see Practice Note: Judgments and orders—service, compliance, interpretation.

The need carefully to review all draft judgments and orders of the court

As seen in Practice Note: Reserved judgments, it is common, at least in lengthier cases, for the judge to 'reserve judgment' and to circulate a copy of their judgment in draft, prior to it being handed down.

It is important that you review carefully all judgments or orders of the court (as soon as you receive them and whether in draft or not) for the following reasons:

  1. to identify and notify any errors

  2. to consider whether you may wish to apply for permission to appeal from the judge at handing down of the judgment

  3. to consider what arguments may be relevant to your client either in applying for its summary costs or to reduce down an award of summary costs that may be made against it. Indeed, this may provide the opportunity to start getting yourself into a position to negotiate a settlement on any likely

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