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: , , ,

Comments: Post a Comment

Subscribe to Post Comments [Atom]

<< Home

This page is powered by Blogger. Isn't yours?

Subscribe to Posts [Atom]


Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).