Course description
For claimants, achieving a judgment does not always bring litigation finality. In certain situations, the defendant is able to make an application to set it aside.
Presented by solicitor and legal trainer Ian Gascoigne, this webinar will discuss how claimants can resist allowing defendants a ‘second bite at the cherry’, and whether defendants can overturn an order giving judgment if they did not appear at trial.
It will also explore key case law, such as Mabrouk, Takhar, Park, and more.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
For claimants, achieving a judgment does not always bring litigation finality. In certain situations, the defendant is able to make an application to set it aside.
The triggers for setting aside a judgment are varied.
The best known is where a judgment is entered in default of a defendant filing either an acknowledgment of service or a defence. The ‘real prospect of successfully defending’ test under CPR 13.3 for this type of judgment to be voided is well known and now elided with relief from sanctions applications under CPR 3.9.
What You Will Learn
This webinar will cover the following:
- Claimants - resisting allowing defendants a ‘second bite at the cherry’
- Defendants - can you overturn an order giving judgment when you did not appear at trial? (Mabrouk)
- Defendants - establishing that the order was procured by fraud operative at trial, focusing on the need for and admission of new evidence (Takhar)
- Claimants - which assumption was not confirmed by the Court of Appeal in Park two years later?
- Claimants and Defendants - the consequences of a counter-claiming defendant making allegations that the judgment followed fraud in the claimants unlawfully obtaining his confidential emails (Ras Al Khaimah).
- Good reason and promptness in applying - as Mabrouk v Murray in the Court of Appeal
Expenses
MBL Seminars Limited
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