- Setting aside a judgment allegedly obtained by fraud—procedures and requirements (Terry v BCS Corporate Acceptances Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: A party against whom a default judgment had been obtained sought to have that judgment set aside on the ground that it had been obtained by fraud. Although there are well-recognised remedies of either the bringing of a fresh action to set aside the judgment or the bringing of an appeal and seeking to rely upon fresh evidence, the party sought to do neither, seeking, instead to argue that the court itself had the power to set aside the judgment under CPR 1 and 3 and the court's inherent powers. The attempt failed, the judge at first instance (Laing J, affirmed by the Court of Appeal) holding that she no longer had jurisdiction to grant such a remedy once a final order had been granted. Written by Iain G Mitchell QC (Scotland), barrister at Tanfield Chambers.
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