Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Monday 20 June 2011

Setting aside Judgment and dishonesty

An application to set aside judgment was refused by the Court on the grounds that the defendants had given inaccurate and dishonest explanations. The Judge allowed his findings as to dishonesty to cloud his view of the proper approach to the application and did not consider whether the defendant’s had a real prospect of successfully defending the claim.

On Appeal it was held that the judge was not entitled to rely on his finding of dishonesty to refuse the application to set aside. He should have considered whether the defendants had a good chance of successfully defending the claim. No matter how badly behaved the defendants, if their defence had a real prospect of success, judgment should have been set aside.

If thought necessary, the Court could reflect the dishonesty when dealing with costs, but the defendant’s should not be denied the chance of a fair trial.

Labels: defence, dishonesty, real prospect of success, Setting aside judgment