- Setting aside final orders under CPR 3.1(7)—truly exceptional circumstances required (Madison CF UK v Various)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Chancery Division held that, in highly exceptional circumstances, the court has the power to set aside a final order under CPR 3.1(7). Prior case law had suggested that if a court had power at all to set aside a final order or judgment under CPR 3.1(7), then such power was constrained to situations of fraud. However, in this case, the court held that it did have power under CPR 3.1(7) to set aside a final order or judgment, but that the court would only exercise a discretion to do so in truly exceptional instances. Analysis written by Angharad Parry, barrister at 20 Essex Street.
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