- Court of Appeal—County Court can set aside order obtained by perjury (Salekipour v Parmar)
- Original news
- What is the significance of this case? Why is it important for practitioners?
- County Court powers
- Tests for ‘materiality’
- Challenge by appeal
- How helpful is this judgment in clarifying the law in this area? Are there any remaining grey areas?
- What are the practical implications of the judgment? What should practitioners be mindful of when advising in this area?
- How does this case fit in with other developments in this area of the law? Do you have any predictions for future developments in this area?
Dispute Resolution analysis: The Court of Appeal has, on a second appeal, ruled that the County Court has the same power as the High Court to set aside one of its earlier orders which had been obtained following a contested hearing on perjured evidence. Barrister Adrian Davies, of 3 Dr Johnson Buildings Chambers, (who acted for the successful appellants) comments on what lessons can be learned from this case and considers the wider implications for these types of cases.
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