- In brief: Can CPR 3.1(7) be used to vary or revoke a final order? (Prompt Motor Ltd v HSBC Bank plc)
- Original news:
- What are the practical implications of this decision?
- What was the case about?
- What were the main legal arguments put forward?
- What did the court decide, and why?
- To what extent is this decision helpful in clarifying the law in this area?
Dispute Resolution analysis: Clive Freedman, barrister at 3 Verulam Buildings, considers the case of Prompt Motor Ltd v HSBC Bank plc. The claimant applied, on 6 March 2017, for an order setting aside a final order made by Peter Smith J on 27 October 2011, refusing permission to appeal against an order granting summary judgment to the defendant. Judge Paul Matthews dismissed the application to set aside as totally without merit, holding that CPR 3.1(7) does not confer power on a first instance judge to set aside a final judgment (as opposed to a procedural order or case management direction) merely because fresh evidence comes to light, or because evidence that was available at the time that the final judgment was given, but which was not deployed, is later put forward for the first time.
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