Q&As

On what grounds can you either amend or set aside a judgment (not an order)? And what steps do you need to take to make such an application and is the application made to the court who gave the order? Also, in what circumstances would you apply to amend or set aside a judgment, as opposed to appealing it?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 02/07/2018

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • On what grounds can you either amend or set aside a judgment (not an order)? And what steps do you need to take to make such an application and is the application made to the court who gave the order? Also, in what circumstances would you apply to amend or set aside a judgment, as opposed to appealing it?

The first point is that the question is concerned with a judgment rather than an order, suggesting that the matter which would be the subject of the application to amend or set aside is a finding in a judgment rather than the actual terms of the order itself. The suggestion that the judgment might be set aside or the subject of an appeal in those circumstances is an odd one however. Although now largely immaterial, the distinction between a judgment and an order is that the former contains the reasons for and the final decision of the court in an action in civil proceedings, while the latter is the official pronouncement of the consequences of the judgment (ie a judgment is the reason for an order). It would thus follow that if a judgment is set aside, then so too would be any order made as a consequence of it. Further, it is well settled that an appeal court’s jurisdiction is concerned with orders rather than judgments (ie with the result, not the findings or reasons).

Before a judgment is entered and perfected (ie sealed by the court under CPR 40.2(2)(b)), on the application (usually by CPR 23 application notice, but see below) of a party the court retains a power to alter its judgment (Re Barrell Enterprises). The exercise of that power is not

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