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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Setting aside judgments
WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY

WHO IS A PARTY AFFECTED BY A SUMMARY JUDGMENT? THE CPR; CRYPTOCURRENCY; DELAY IN APPLYING AND THE MERITS OF THE CASE CONSIDERED IN A COURT OF APPEAL JUDGMENT TODAY

September 29, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Setting aside judgment

We are likely to see much litigation, and quite a few procedural wrangles, arising from Bitcoin and similar “currencies”.  Here we have an interesting, and important, question under CPR 40.9.  Firstly in relation to whether a party was “directly affected”…

THERE WAS NO AGREEMENT TO EXTEND TIME  FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

April 13, 2026 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Setting aside judgment, Witness statements

This is an interesting judgement on two levels. Firstly the judge did not accept the defendant’s contention that there had been an agreement to extend time for service of Points of Dispute to a bill of costs. Secondly, applying the…

WHAT IS THE APPROPRIATE COURSE WHEN A PARTY ALLEGES THAT A JUDGMENT WAS OBTAINED BY FRAUD? THE HIGH COURT CONSIDERS THE ISSUES

WHAT IS THE APPROPRIATE COURSE WHEN A PARTY ALLEGES THAT A JUDGMENT WAS OBTAINED BY FRAUD? THE HIGH COURT CONSIDERS THE ISSUES

December 8, 2025 · by gexall · in Applications, Civil evidence, Setting aside judgment

What should a party do if it alleges that a judgment has been obtained by fraud? Can it apply within the proceedings themselves to set the judgment aside or should it issue separate proceedings?  In this case the judge carried…

IT WOULD BE AN "AFFRONT TO JUSTICE" NOT TO SET ASIDE THIS "FINAL" JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ

IT WOULD BE AN “AFFRONT TO JUSTICE” NOT TO SET ASIDE THIS “FINAL” JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ

September 15, 2025 · by gexall · in Applications, Civil Procedure, Conduct, Members Content, Service of the claim form, Serving documents, Setting aside judgment

We are looking at a number of cases that, on the face of it, are highly unusual. One judge has already indicated that there is a strong prima facie cases that some related cases  “are all fraudulent”.    There are…

A FINAL TRIBUTE TO DISTRICT JUDGE GEORGE BRANCHFLOWER: A JUDGMENT WHICH GOT A MENTION AT HIS FUNERAL TODAY

A FINAL TRIBUTE TO DISTRICT JUDGE GEORGE BRANCHFLOWER: A JUDGMENT WHICH GOT A MENTION AT HIS FUNERAL TODAY

August 6, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure

Today I attended the funeral of District Judge George Branchflower.  I have written briefly about him before.  At his funeral we heard tributes from those who knew him best including a touching tribute from his daughter and a wonderful song…

COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR'S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR’S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

February 21, 2022 · by gexall · in Members Content, Service of the claim form, Setting aside judgment

In Farrer & Co LLP v Meyer [2022] EWHC 362 (QB) Mr Justice Kerr refused to set aside a long-standing judgment on a bill for solicitor’s costs.  The judgment also considered the importance of s.1140 of the Companies Act 2006….

HAYWARD MAY HAVE BEEN WAYWARD BUT THERE WAS NO LOOKING BACKWARD: SETTLED CLAIM NOT RE-OPENED

March 31, 2015 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Risks of litigation, Statements of Case

In Hayward -v- Zurich Insurance Company PLC [2015] EWCA Civ 327 today the Court of Appeal overturned a decision that a claimant should repay a large part of a personal injury award from an earlier settled action.  This decision makes…

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