header-logo header-logo

Judicial line: 1 December 2017

01 December 2017
Issue: 7772 / Categories: Features , Judicial line , In Court
printer mail-detail

Judicial Q&A: challenge route; goods without cash; too much court; mortgage release doubts; who decides on committal?

Presently aggrieved

Q Can the court ever entertain an application to set aside its order on the application of a party who was present at the hearing at which the order was made (insolvency reviews apart) or is an appeal the only route of challenge?

A Yes, the court can entertain but only in very limited circumstances. The applicant would have to establish that they had a real prospect of showing that the court at the original hearing had been misled by the respondent party or that there had been a material change in circumstances since the original hearing.

Today or tomorrow?

Q Where the court orders a return of goods in favour of a claimant who also seeks a money judgment, is there any bar to the money judgment being given at the same time or should that relief be adjourned over with a view to being dealt with after sale of the repossessed property? Is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll